Thinking about the term “resisting arrest” probably brings to mind someone physically trying to resist an officer’s attempts to restrain them. It should be no surprise to you that it is not legal to resist arrest and could potentially result in even more charges. There are times when Florida residents are charged with resisting arrest even if they never touched the officer. In an attempt to pile on charges, officers may refer to Section 843.02 of the Florida Crimes Code defining the act of “resisting officer without violence to his or her person.” This is a charge that is based on an officer’s subjective determination that the person is resisting, and is punishable as a first-degree misdemeanor. Since the language of the law is quite fuzzy, there are many opportunities for mistakes and charges filed unfairly. This is why it is so important to hire an advocate who can fight back for you.

Punishments for Resisting Arrest without Using Violence
First time offenders of resisting arrest without violence is considered a first-degree misdemeanor and can get you a one year prison sentence with a $1,000 fine. Remember that the resisting arrest charge is in addition to the charges you were trying to be arrested for initially. Additional offenses will have more serious punishments.

What to Do Should You Be Falsely Arrested
Many times people will resist arrest due to them being guilty and not wanting to get arrested, but often people will resist due to them being innocent and thinking the officer is crooked, mistaken, or has the wrong person. No matter what the case, the officer should still be respected when placing you under arrest. Many times, even when being fair, a person may still be charged with resisting arrest by police. You should act quickly should this happen to you to protect yourself. After the arrest, you are advised to get in touch with an experienced Florida criminal defense lawyer to discuss your case.

Your Criminal Lawyer can assess the entire situation to make sure the prosecuting attorney does in fact prove beyond a reasonable doubt that you were resisting. If they are unable to prove it, you should not have to face those additional charges. Simply because police claim you were “resisting” does not actually mean that you were. In order to make your case, you should do everything possible to document the officer’s conduct. During an arrest, officers are not above making mistakes, which may violate your rights. Your rights can be vindicated in the courtroom by putting your best foot forward with the assistance of the best attorney.

Charged With A Crime?
Anytime you are charged with a crime, never resist the authority of the officer, even if you are innocent of the crime. If there is strong evidence of your innocence, remember that you are entitled to a Jacksonville defense attorney, regardless of how bad the facts look.