Obstructing, opposing, or resisting an authorized officer engaged in the lawful performance of his or her duties is in itself a criminal offense in Florida. Alleged offenders in these cases may be charged with resisting arrest. Resisting arrest offenses are covered under two different state laws: one for incidents involving alleged violence and one for incidents that do not. The distinction is an important one, as cases of the former type are felony offenses while the latter are misdemeanors.
Lawyer for Resisting Arrest Violations in Brooksville, Florida
Were you charged with resisting arrest anywhere in Central Florida? Do not say anything to authorities without legal counsel. Contact The Law Office of Ashley Aulls, P.A. today. Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents clients accused of violent crimes in communities throughout Hernando County, Pasco County, Sumter County, and Citrus County. He can provide a complete evaluation of your case when you call (352) 593-4115 to schedule a confidential consultation.
Overview of Resisting Arrest in Florida
- Florida Punishments for Resisting Arrest Without Violence
- Florida Penalties for Resisting Arrest with Violence
- Florida Resisting Arrest Resources
Florida Punishments for Resisting Arrest Without Violence
Florida Statute § 843.02 makes it a first-degree misdemeanor for a person to resist, obstruct, or oppose any of the following without offering or doing violence to the person of the officer:
- Law enforcement officer, as defined under Florida Statute § 943.10(1);
- Correctional officer, as defined under Florida Statute § 943.10(2);
- Correctional probation officer, as defined under Florida Statute § 943.10(3);
- Part-time law enforcement officer, as defined under Florida Statute § 943.10(6);
- Part-time correctional officer, as defined under Florida Statute § 943.10(7);
- Auxiliary law enforcement officer, as defined under Florida Statute § 943.10(8);
- Auxiliary correctional officer, as defined under Florida Statute § 943.10(9);
- Member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission;
- County probation officer;
- Parole and probation supervisor;
- Personnel or representative of the Department of Law Enforcement; or
- Any other person legally authorized to execute the process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer.
Convictions for resisting an officer without violence to his or her person are punishable by up to one year in jail and/or a fine of up to $1,000.
Florida Penalties for Resisting Arrest With Violence
Under Florida Statute § 843.01, it is a third-degree felony if an alleged offender knowingly and willfully resists, obstructs, or opposes any of the types of officers established above by offering or doing violence to the person of such officer or legally authorized person. For the purposes of this statute, “offering” to do violence means threatening to do violence. Convictions for resisting an officer with violence to his or her person are punishable by up to five years in prison and/or a fine of up to $5,000. In these types of cases, the definition of what constitutes “violence” can often be an issue of dispute, as police officers may interpret any kind of physical contact with authorities as being an act of violence.
Florida Resisting Arrest Resources
City of Brooksville Police Department — Visit this website to learn more about the Brooksville Police Department. You can find information about different services provided as well as recent press releases. You can also view arrest reports and alert bulletins.Brooksville Police Department 87 Veterans Ave. Brooksville, FL 34601 (352) 540-3800
D.G. v. State, 661 So.2d 75, 76 (Fla. 2d DCA 1995) — In the early morning hours of October 3, 1994, police officers were investigating an automobile burglary near the home of a minor who came outside and refused to answer the officers’ questions while they searched the curtilage. The minor was ultimately adjudicated delinquent for obstructing a police officer without violence, but the Second District Court of Appeal reversed that order after concluding “obstructive conduct was not established in this case.” The Court of Appeal held that obstructive conduct rather than offensive words are normally required to support a conviction under Florida Statute § 843.02, noting that a number of Florida cases “support the following general proposition: If a police officer is not engaged in executing the process on a person, is not legally detaining that person, or has not asked the person for assistance with an ongoing emergency that presents a serious threat of imminent harm to person or property, the person’s words alone can rarely if ever, rise to the level of obstruction. Thus, obstructive conduct rather than offensive words is normally required to support a conviction under this statute.”
The Law Office of Ashley Aulls, P.A. | Brooksville Resisting Arrest Defense Attorney
If you were charged in Central Florida with resisting arrest, it will be in your best interest to immediately seek legal representation. The Law Office of Ashley Aulls, P.A. defends individuals in Spring Hill, Weeki Wachee, Wildwood, Brooksville, Inverness, New Port Richey, and many surrounding areas of Hernando County.
Brooksville criminal defense lawyer Ashley Aulls will work to help you achieve the most favorable resolution to your case that results in the fewest possible consequences. Call (352) 593-4115 or submit an online contact form to have our attorney review your case and discuss your legal options by setting up your first consultation.