Resisting Arrest is a very common charge in Miami, Fort Lauderdale, Broward County, and Miami Dade County. Resisting an officer is a very vague and encompassing phrase that can include almost any type of conduct. Many police officers consider the mere asking of questions as to the grounds for arrest to be resistance. Resistance without force is a misdemeanor, while resisting with force is a felony. To prove the criminal offense of Resisting an Officer with Violence, the State Attorney must prove beyond a reasonable doubt that the criminal suspect knowingly and willfully resisted, obstructed, or opposed a law enforcement officer by offering to be violent to him or her or doing violence to him or her, and that at the time, the officer was engaged in the execution of legal process or arrest or lawful execution of a legal duty. To prove the criminal violation of Resisting an Officer without Violence, the State Attorney must prove beyond a reasonable doubt that the criminal suspect resisted, obstructed, or opposed a law enforcement officer, and that at the time, the officer was engaged in the execution of legal process, arrest, or lawful execution of a legal duty.
If you have been charged with Resisting Arrest with Violence, Resisting Arrest without Violence, or Obstruction of Justice, it would be advantageous to contact a Resisting Arrest Lawyer to discuss your rights and abilities as a criminal defendant. Criminal Defense Lawyer Kenneth P. Hassett of Hassett and Associates, P.A. is a competent and experienced trial litigator and client representative. He has been practicing as a criminal defense attorney in Miami Dade County, Fort Lauderdale, and Broward County since 1991, and he has earned the honor and respect of the criminal lawyers and legal community in his field of criminal practice. Call Hassett & Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Fort Lauderdale criminal defense lawyer.
776.05 Law enforcement officers; use of force in making an arrest.
776.051 Use of force in resisting or making an arrest; prohibition.
843.01 Resisting officer with violence to his or her person.
843.02 Resisting officer without violence to his or her person.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.