Resisting Arrest Criminal Defense Attorney in Gainesville, Florida

Resisting arrest in Florida is a serious offense that encompasses various actions that hinder or obstruct law enforcement officers in the performance of their duties. Depending on the circumstances, this can include anything from talking to a witness to physically resisting your arrest.

In this article, we will discuss the definition of resisting arrest under Florida law, common defenses available to defendants, and the penalties associated with this crime.

Gainesville Resisting Arrest Criminal Defense Lawyer

It is extremely easy to be charged with resisting arrest. Something as simple as asking questions, talking back, or asserting your rights might be met with a criminal charge.

If you or a loved one have been charged with resisting arrest, then you need to contact the experienced attorneys at Galigani Law Firm.

Reach out to the Galigani Law Firm today at (352) 375-0812 to schedule a free consultation. Attorney Galigani and his legal team accept clients throughout the greater Alachua County area including Gainesville, High Springs, Alachua, Archer, La Crosse, and Waldo.

Information Center

Definition of Resisting Arrest in Florida
Common Defenses to Resisting Arrest Charges
Penalties for Resisting Arrest in Florida
Additional Resources
Hire a Resisting Arrest Criminal Defense Attorney

What it Means to Resist Arrest in Florida

Under Florida Statutes Section 843.01 and 843.02, resisting arrest is broadly defined as the obstruction, resistance, or opposition to a law enforcement officer, or the person acting in a law enforcement capacity, in the execution of legal duty. This includes actions such as:

Physical Resistance: Any physical act that makes it difficult for the officer to effectuate an arrest or perform their duty. This can range from pulling away from an officer to struggling or fighting against being restrained.
Verbal Resistance: Using words or conduct to resist the officer, such as refusing to comply with lawful orders or providing false information.
Obstruction or Interference: Intentionally obstructing or interfering with an officer during the arrest or investigative process, which could include attempting to prevent an arrest by others or disrupting a crime scene.

It’s important to note that a person can be charged with resisting arrest even if the underlying arrest is ultimately found to be unlawful. The focus is on the obstruction or resistance during the execution of the officer’s lawful duty.
In order to be found guilty of resisting arrest, the jury must find the following:

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.

Common Defenses to Resisting Arrest Charges

Defendants facing charges of resisting arrest in Florida can present several defenses, including:

Lack of Knowledge: If you genuinely did not know that the person was a law enforcement officer, you may argue that you did not intend to resist a lawful arrest.
Self-Defense or Defense of Others: If you reasonably believed you needed to defend yourself or someone else from unlawful force by the officer, this could serve as a defense. However, this defense is narrow and requires that the force used was unreasonable under the circumstances.
Unlawful Arrest: While resisting arrest charges can apply regardless of the legality of the initial arrest, challenging the lawfulness of the arrest itself can sometimes be a defense if the arrest was clearly unlawful. This is a common defense in “warrantless arrest” and “no-knock warrant” cases. In both instances, courts have found that defendants have a reasonable reason to believe that they are being robbed or kidnapped.
Mistaken Identity: If the defendant was mistakenly identified as the perpetrator and genuinely believed they were not the person being sought by the officer – “you’ve got the wrong guy” – could potentially be a defense to resisting arrest.

Penalties for Resisting Arrest in Florida

The penalties for resisting arrest in Florida vary depending on the circumstances of the offense:

Resisting Without Violence: This is a first-degree misdemeanor, punishable by up to 1 year in jail, probation, and/or a fine of up to $1,000.
Resisting With Violence: If the defendant uses violence or threatens violence against the officer while resisting arrest, this becomes a third-degree felony. The penalties for a third-degree felony in Florida include up to 5 years in prison, probation, and/or a fine of up to $5,000.
Aggravated Resisting: This charge applies if the defendant resists arrest with a deadly weapon or causes serious bodily harm to the officer. Aggravated resisting is a second-degree felony, carrying penalties of up to 15 years in prison, probation, and/or a fine of up to $10,000.

The severity of the penalty depends on factors such as whether the defendant has prior criminal convictions and the specific details of the resisting act. Judges have some discretion in sentencing and may take into account mitigating or aggravating factors.

Additional Resources

Booking Procedure – Read more about Florida’s booking procedure, including what to expect and how to spot a false arrest. Knowing how an arrest should go is a powerful defense.

Obstruction of Justice – Understand what constitutes an obstruction of justice and the additional charges you may face by resisting arrest.

Hire a Resisting Arrest Criminal Defense Attorney

Resisting arrest in Florida is a serious criminal offense with potentially severe consequences, ranging from misdemeanors to felonies, depending on the circumstances of the resistance.

If you or a loved one have been charged with resisting arrest, then you need to contact the experienced attorneys at Galigani Law Firm.