(172) What is Resisting Arrest in FL? – Michael A Haber Miami Criminal Defense DUI Lawyer

March 26, 2017 / Michael A. Haber /

Thank you for asking me “What is Resisting Arrest in FL? ”

Resisting arrest can occur in one of two ways: either with or without violence.

F.S. 843.01 makes it a crime to knowingly and willfully resist, obstruct or oppose a law enforcement officer by threatening violence or engaging in violent conduct against a law enforcement officer while he or she was engaged in the lawful execution of a legal duty.

F.S. 843.02 makes it a crime to passively (meaning, without using violence) resist, obstruct, or oppose a law enforcement officer while he or she is engaged in the lawful execution of a legal duty.

Resisting with violence is a 3rd degree felony (punishable by up to 5 years in prison) and resisting without violence is a 1st degree misdemeanor (punishable by up to 364 days in jail).

There are defenses to both resisting with or without violence, but a major difference is that in a resisting WITHOUT charge it is a defense that the officer’s arrest was subsequently determined to have been unlawful. Contrarily, in a resisting with violence prosecution a subsequent determination that the arrest was unlawful is not a defense.

In either event it is always a defense where A) you did not know that the victim was a cop, B) where the cop was not engaged in the performance of a lawful duty when the resisting occurred and C) where you engaged in self-defense against a cop’s use of excessive force.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.