Understanding the Crime of Resisting an Officer Without Violence
In Florida, there are two separate but related crimes concerning resisting law enforcement during a detainment. Charges for resisting an officer can result in serious consequences. This is true whether you are charged with resisting an officer with violence, or without. In this article, the Tallahassee criminal defense attorneys at Luke Newman, P.A. will discuss the crime of resisting arrest without violence and the potential consequences to your Florida criminal case.
Resisting an officer without violence in Florida
Technically, resisting an officer without violence includes any non-violent obstruction of law enforcement during the execution of its legal duty, including arrest. The crime of resisting without violence is considered a first-degree misdemeanor. Penalties for this crime include up to 1 year in jail, 12 months probation, and a $1,000 fine.
But what precisely does it mean to “resist” an officer? According to Florida Statutes § 843.02:
Whoever shall resist, obstruct, or oppose any [law enforcement or probation] officer or other person legally authorized to execute process . . . In the law execution of a legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree . . .
Generally speaking, the crime of resisting an officer without violence is tacked on by police to supplement other charges.
What proof does law enforcement require to convict you of resisting an officer without violence? The answer is: not much. The definition of “resisting” is quite open-ended. A prosecutor would need to establish the following four elements beyond a reasonable doubt:
- The defendant resisted, obstructed, or opposed a law enforcement officer;
- At the time, the officer was engaged in the execution of legal process or the lawful execution of a legal duty;
- The officer was a person legally authorized to execute process; and
- At the time, the defendant knew that the person resisted, obstructed, or opposed was in fact an officer or other person legally authorized to execute process.
What are some examples of resisting an officer without violence?
Generally speaking, you can be charged with this crime simply for not obeying direct commands given to you by law enforcement officers. In one case, an individual was charged with resisting a law enforcement officer without violence for refusing to sit down when instructed. In another case, an individual was charged with this crime for refusing to be handcuffed or evading handcuffs. You can also be charged with this crime for providing false or misleading information to law enforcement during a lawful arrest or detention.
In addition, you don’t have to be under arrest to be charged with this crime. One individual was charged with resisting an officer without violence for refusing to leave an area when they were ordered to do so.
So you see, even relatively minor actions can be charged as resisting an officer without violence.
Talk to a Tallahassee Criminal Defense Lawyer Today
Luke Newman, P.A. represents the interests of Tallahassee residents who are facing serious criminal charges. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin preparing your case immediately.
