Usually when people think about “resisting arrest” they imagine a suspect physically resisting the arresting officer who try to restrain them. It should surprise no one that this act is illegal and comes with additional charges. You may not be aware that a person can face resisting arrest charges whether they touch the officer or not. When trying to add more charges, authorities may access Florida Crimes Code Section 843.02, which is the definition of “resisting officer without violence to his or her person.” Resisting arrest is based on an officer’s determination that the person being arrested is resisting. It is punishable by first-degree misdemeanor. Charges can be unfairly filed due to mistakes being made because of the law’s unclear language. This is the main reason to seek out legal advice from a criminal defense attorney who can fight on your behalf.
Punishments for Resisting Arrest without Using Violence
Even if you are a first-time offender, you can still be charged with resisting arrest and punished with one year of jail time and a $1,000 fine. It is important to understand that the resisting arrest charges are in addition to the charges the officer was attempting to arrest you with initially. Additional offenses will get you additional and more serious punishments.
What Happens If You Are Falsely Arrested
Most of the time people who know they are guilty will resist arrest because they do not want to be arrested. Sometimes people who know they are innocent will resist arrest because they believe the officer is making a mistake, is crooked, or has the wrong person. Whichever the case may be, when you are being placed under arrest, the authority of the officer should be respected, even if it is an unlawful arrest. Sometimes when a person is acting fairly, they may still be charged with resisting arrest by the officer. Should this happen to you, act fast to protect your rights by getting in touch with an experienced Florida criminal defense lawyer to talk about your case.
An experienced lawyer can assess the situation and ensure there are no doubts that you were resisting arrest. If resisting arrest cannot be proven, the additional penalties should not be faced. Just because the arresting officer charges you with resisting, does not mean you really were. The best you can do to help your case is to try and document everything the officer says and does. Officers can make mistakes during an arrest and in the process your rights may be violated. The best way to fight for your rights is in the courtroom with your attorney.
Charged With A Crime?
Whether you are the one who committed the crime or not, do not resist the officer’s authority to arrest and charge you. If you have strong evidence that you are innocent, remember it is your right to have an experienced Jacksonville criminal lawyer.
