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
E-Mail: [email protected] / [email protected]
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