Resisting Arrest Without Violence Attorney in Miami, FL

If a law enforcement officer has arrested you or a loved one for resisting without violence, it is critical to consult with an experienced resisting arrest without violence attorney in Miami as soon as possible. You need to ensure that your rights are protected and do everything you can to avoid a criminal conviction. You need the counsel of an experienced criminal defense lawyer to defend you against your criminal charges and maximize your chances of coming out of your case without a criminal record.

What is Resisting an Officer without Violence?

Resisting an officer without violence (also known as obstructing justice) is an extremely common misdemeanor charge that police officers often use to demonstrate their authority and/or gain control over a situation. Police officers often use a disorderly conduct charge in a similar manner. Many people arrested for resisting an officer without violence feel that they have done nothing wrong and have difficulty understanding why they were arrested. It is not uncommon for a person arrested for resisting an arrest without violence to say that they were just asking the officer a question and were then put under arrest (a related but different charge is the felony offense of resisting an officer with violence). An experienced criminal defense attorney from our firm will strive to minimize the effects and ramifications of a resisting without violence charge to allow you to put the case behind you and move on with your professional and personal lives.

What are the Elements of Resisting without Violence?

Florida Statute 843.02 defines resisting an officer without violence. To prove the offense, the State must establish each of the following beyond a reasonable doubt:

1. The defendant resisted, obstructed, or opposed the alleged victim.
2. At the time, that person was executing legal process or lawfully carrying out a legal duty.
3. That person was an officer covered by the statute or a person legally authorized to execute process.
4. The defendant knew that person had that status.

Continuous resistance to an officer’s ongoing attempt to make an arrest may support only one conviction for resisting without violence. Separate acts of resistance require a closer review of the facts. See Brown v. State, 754 So. 2d 124 (Fla. 5th DCA 2000).

Who is Considered an Officer?

In addition to police officers, the definition includes:

• a member, administrative aide, or supervisor of the Florida Commission on Offender Review
• a county probation officer;
• a parole and probation supervisor;
• an employee or representative of the Department of Law Enforcement; or
• other persons legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.

Resisting

Conduct that may support a resisting-without-violence charge includes pulling away or tensing the arms to prevent lawful handcuffing, fleeing a lawful detention after an order to stop, or physically interfering with an officer’s lawful duties. The facts matter. Failure to follow an officer’s command does not automatically establish this offense.

Merely questioning or criticizing an officer generally does not amount to resisting without violence. Words alone can support a charge in some circumstances, however, such as giving a false name during a lawful arrest or knowingly misleading an officer to obstruct service of legal process. The State must prove that the words or conduct amounted to resistance or obstruction of a lawful duty.

Florida’s first responder buffer zone law creates a separate offense involving knowingly approaching or remaining within 25 feet after a verbal warning, with the required intent to interfere, threaten physical harm, or harass. A charge under that law requires proof of its own elements.

Lawful Execution of a Legal Duty

The State must prove that the officer was lawfully carrying out a legal duty when the alleged resistance occurred. Being on duty or wearing a uniform does not, by itself, establish this element. The court must examine what the officer was doing and whether the law authorized that action.

When the charge arises from an investigative detention, the officer generally must have reasonable suspicion of criminal activity. An arrest requires probable cause. Nonviolent resistance to an unlawful detention or arrest does not establish this element of resisting without violence. The timing matters: the officer must have a lawful basis for the detention or arrest when the alleged resistance occurs.

When a resisting charge stems from an arrest for trespassing after a warning, we examine the basis for the trespass arrest and the conduct alleged to constitute resistance. The State must prove that the officer was lawfully carrying out a legal duty.

Penalties for Resisting Officer without Violence

Under Florida law, resisting an officer without violence is a first-degree misdemeanor in Florida. If you are convicted, you could face a fine, up to one year of probation, and up to one year in jail.

Contact an Experienced Miami Resisting an Officer without Violence Attorney

Our law firm has significant experience in defending resisting charges and has represented numerous clients charged with this offense. If you or a loved one has been arrested and is facing criminal charges, it is critical to consult with an experienced Miami resisting without violence lawyer as soon as possible to ensure that your rights are protected. You need the counsel of an experienced criminal defense attorney to guide you through the process and maximize your chances of resolving your case with a favorable outcome.

Over the years, we have represented thousands of clients in a wide range of cases in Miami-Dade County. There is a good chance we have handled your type of case, and our criminal lawyers have represented clients with similar needs and concerns to yours. You can review our criminal defense case results, including cases involving resisting an officer without violence.

By taking the immediate action of hiring an experienced resisting without violence attorney to defend yourself, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.