What May Occur If You Resist an Arrest Without Violence?

Facing a charge of resisting arrest without violence in Orlando can be a confusing and intimidating experience. In Florida, resisting arrest without violence is classified as a first-degree misdemeanor and can result in fines, jail time, probation, and a permanent criminal record. Understanding the nature of this charge, the legal process that follows an arrest, available defense strategies, and the long-term implications is crucial for anyone facing such allegations. Seeking the guidance and representation of a skilled criminal defense attorney following your arrest can be essential to protecting your rights and freedom.

What is Resisting Arrest Without Violence in Florida?

Resisting arrest without violence is defined under Florida Statute §843.02. This statute makes it illegal to obstruct, resist, or oppose a law enforcement officer while they are performing their duties. The charge doesn’t require that any physical violence or harm be directed at the officer. Instead, the mere act of refusing to cooperate or impeding an officer’s ability to complete their job can result in this charge. 

This charge is common in Orlando and can arise from seemingly minor interactions with law enforcement. The offense is classified as non-violent resistance, distinguishing it from the more serious charge of resisting with violence, which is a felony. Common examples of actions that may lead to this charge include:

  • Refusing to follow an officer’s orders
  • Providing false information during questioning
  • Attempting to flee when an officer is trying to detain you
  • Passive resistance, such as standing still or walking away when asked to stop

Law enforcement in Orlando may issue this charge in various situations that might seem innocuous to the average person. For instance, tensing your arms while being handcuffed, concealing evidence, or simply not obeying an officer’s commands can all lead to a resisting without violence charge. The charge is sometimes referred to as a “catchall,” meaning officers might add it to existing charges or use it when they have limited grounds for other charges. This broad application makes it particularly important to understand what constitutes this offense and how to respond if charged.

What Are the Requirements for Prosecution?

For a successful prosecution of resisting arrest without violence in Orlando, the State Attorney must prove four essential elements: 

  • The defendant obstructed, resisted, or opposed the officer
  • The officer was lawfully engaged in the execution of a legal duty at the time
  • The officer was authorized to perform that legal duty
  • The defendant knew the individual was an officer

Prosecutors must present compelling evidence demonstrating that the suspect knew the person attempting the arrest was an officer. This factor becomes particularly relevant in cases involving plainclothes or undercover officers. Additionally, if it can be shown that the officer was without merit in arresting the defendant, they may be able to successfully avoid conviction. Under Florida law, a person is entitled to resist an unlawful arrest without violence, meaning if the police officer lacked authority to arrest on the underlying charge, the subsequent resisting arrest without violence charge may be subject to dismissal.

What Are the Penalties and Consequences of a Conviction?

Resisting arrest without violence is charged as a first-degree misdemeanor in Florida, carrying significant penalties. If convicted, individuals face up to a year in county jail, twelve months of probation, and a fine of up to $1,000. These standard penalties can severely impact a person’s life, particularly if they have no prior criminal record or are employed in positions requiring background checks.

Beyond the standard penalties, prosecutors may impose additional conditions depending on the behavior exhibited during the incident. These conditions might include refraining from alcohol consumption, submitting to random drug and alcohol screenings, completing anger management courses, or performing community service hours. The imposition of these conditions can further complicate a person’s life, creating obstacles to employment, education, and other opportunities. Moreover, a conviction results in a permanent criminal record that can adversely affect various aspects of life, including job opportunities, housing applications, and even rights in other legal matters.

What Potential Defense Strategies Are Available?

Several defense strategies exist for those facing resisting arrest without violence charges in Orlando. A knowledgeable defense attorney can challenge whether the officer was engaged in a lawful duty at the time of the alleged resistance, whether the defendant knew the individual was a law enforcement officer, and whether the defendant’s actions actually constituted resistance or obstruction as defined by law.  

In many cases, video evidence can play a crucial role in the defense strategy. If the incident leading to the resisting arrest charge was captured on body cam video, this evidence could potentially be used to prove innocence. At other times, when law enforcement officers are the only witnesses to these events, an experienced attorney might file complaints or civil lawsuits to hold law enforcement accountable for potentially unlawful behavior.

If a person is charged with resisting arrest, they will likely also face another charge that precipitated the arrest in the first place. It’s important to aggressively fight this underlying charge, as doing so can sometimes lead to dismissal of both charges. In cases where exculpatory evidence is weak, a defense lawyer may negotiate with prosecutors for reduced charges or alternative sentencing options that minimize the impact on the defendant’s life and future. 

Why Consult a Skilled Criminal Defense Lawyer?

Given the complexities of resisting arrest without violence charges and the weighty consequences of a conviction, securing knowledgeable legal representation is essential. By taking proactive steps, you may be able to improve your chances of achieving a favorable outcome in these challenging circumstances. Working with a trusted criminal defense attorney who understands local laws and procedures is essential for protecting your rights during the legal process and reaching the best possible conclusion in your case.

Experienced criminal defense attorney Patrick B. Courtney, P.A. can review the details of your case, identify potential weaknesses in the prosecution’s arguments, and develop effective defense strategies. If you or a loved one have been arrested, don’t hesitate to reach out for help! Contact our firm at 813-252-1529 to schedule a free case evaluation and learn about your defense options.