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Resisting Arrest Fort Lauderdale

Resisting Arrest Fort Lauderdale

Resisting Arrest Fort Lauderdale

When you think of someone resisting arrest, what is the first imagery that your mind creates? For many, it’s a scene straight out of Cops. An unruly individual is running from the police, who then have to chase after them before tackling them to the ground. After the police officer cuffs the individual, he leads them to his Ft. Lauderdale squad car, where, as the officer goes to open the door, the individual attempts to make a break for it. Another officer jumps in to assist and the individual is finally subdued.

In the real world, resisting arrest is much more nuanced. There are two types of resisting arrest in Florida: resisting arrest with violence and resisting arrest without violence. Both of these are serious and can potentially mean jail time for the offender. Let’s take a closer look at these two offenses.

Resisting officer with violence to his or her person (843.01)

This act is a third-degree felony in which an individual resists, obstructs, or opposes by committing an act or acts of violence against an officer with authorization to conduct a lawful process (such as arrest).

What types of officers can charge you with resisting arrest?

  • Correctional officer
  • Correctional probation officer
  • County probation officer
  • Parole/probation supervisor

What needs to be proven for resisting arrest with violence in Fort Lauderdale?

In order to prove that an individual actually resisted an officer with violence, the prosecutor must prove that four elements of such a crime, without a reasonable doubt, occurred:

  • Actual resistance, obstruction, or opposition of law enforcement officer through violence
  • Officer was, at the time, engaged in executing the legal process/duty
  • Officer was legally authorized to execute such process
  • Defendant knew that individual was an officer and legally authorized to execute such process, and knowingly resisted, obstructed, or opposed through violence.

Resisting with violence includes any physical, violent act, such as punching or knocking to the ground. In cases without the use of weapons and no injuries to the victim (officer), the sentence may shorter than cases in which injury is suffered.

Resisting officer without violence to his or her person (843.02)

This is a first-degree misdemeanor in which an individual resists, obstructs, or opposes without committing violence against the officer. The following types of officers also include correctional officers and county probation officers in addition to police officers.

What needs to be proven for resisting arrest without violence charges in Fort Lauderdale?

In order to prove that an individual actually resisted an officer without violence, the prosecutor must prove that four elements of such a crime, without a reasonable doubt, occurred:

  1. Actual resistance, obstruction, or opposition of law enforcement officer
  2. Officer engaged in execution of legal process
  3. Officer legally authorized to execute such process
  4. Defendant knew that individual was an officer and legally authorized to execute such process, and knowingly resisted, obstructed, or opposed.

What constitutes resisting arrest without violence in Fort Lauderdale?

Resisting can be as simple as an individual refusing to stand when an authorized officer asks them to stand. Physical, non-violent acts of resistance include:

  • Tensing arms when handcuffed
  • Concealing evidence
  • Evading police
  • Ignoring verbal commands
  • Providing false/misleading information during arrest or detention

Resisting arrest can also be done through words. If one individual warns someone else that the police are coming, that can be considered resisting arrest.

What to do if you are charged with resisting arrest in Fort Lauderdale?

If you or someone you know is facing a resisting arrest charge, contact Ft. Lauderdale criminal defense attorney (give hyperlink to home page) Anthony F. Anise today to discuss the details of your case in a free consultation. He also serves as a resisting arrest attorney in Aventura (give hyperlink with Resisting Arrest Aventura page) and the rest of the Miami-Ft. Lauderdale area.

Contact Anthony F. Anise

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