Resisting Officer Without Violence in Florida
The charge of Resisting Officer Without Violence imposes heightened penalties on civilians who passively resist officers carrying out their public duties.
If accused of Resisting Officer Without Violence, you need to know the:
- Definition of Resisting Officer Without Violence
- Penalties for Resisting Officer Without Violence
- Defenses to Resisting Officer Without Violence
Definition of Resisting Officer Without Violence
The crime of Resisting Officer Without Violence has four elements:
- Knowing and willful resisting, obstruction, or opposition of an officer, and at the time:
- The officer was engaged in either the:
- Execution of legal process, or
- Lawful execution of a legal duty.
- The officer was either a:
- Law Enforcement Officer,
- Correctional Officer,
- Probation Officer, or
- Person legally authorized to execute process.
- The officer's status as an officer was known.
Penalties for Resisting Officer Without Violence
The crime of Resisting an Officer Without Violence is classified as a First Degree Misdemeanor in Florida.
As a result, a first time offender would be facing:
- A maximum sentence of one (1) year in jail, and
- A minimum sentence sentence of probation or a fine.
Defenses to Resisting Officer Without Violence
The use of force in resisting an arrest by a person reasonably known to be a law enforcement officer is unlawful regardless of whether the arrest is technically illegal.
However, this leaves open three primary defenses that can be raised to the crime of Resisting Officer Without Violence.
Resisting an Illegal Arrest
It is technically legal to passively resist an improper or illegal arrest, detention, or investigation. And the burden of demonstrating that the arrest was lawful falls upon the State.
Lawful Arrest
A lawful arrest is an arrest that is supported by probable cause. Probable cause exists where the facts and circumstances within the officer’s knowledge are reasonable trustworthy and sufficient to warrant a reasonably cautious belief that an offense has been committed.
Lawful Investigation
A lawful investigation requires that the investigating officer have an articulable, reasonable suspicion that a person had committed, was committing, or was about to commit a crime before detaining the person to investigate the crime.
Excessive Force
A person is justified in the use of reasonable force to defend one's self against an officer who uses excessive force to make an arrest or engages in police brutality.
However, a person can only engage in self defense to the extent reasonably believed to be necessary. And the determination of whether the self defense was justified is based upon the circumstances at the time.
Additionally, the danger of excessive force or police brutality need not have been actual to justify a self-defense claim. In such instances, you are allowed to defend yourself if the appearance of excessive force or police brutality appeared to be imminent.
Officer's Status Unknown
While a person is not justified in using force to resist a police officer who is "known, or reasonably appears to be a law enforcement officer." A person accused of Resisting Officer Without Violence must have reason to know that the "victim" was actually an officer and not someone impersonating an officer.
Contact Criminal Defense Lawyer Richard Hornsby
Contact Criminal Defense Lawyer Richard Hornsby for the criminal defense representation you deserve. The initial consultation is free and I am always available to advise you on the proper course of action to take.
