Thank you for asking me “Can I use Force to Defend Myself against an Unlawful Arrest? ”
In Florida you are never permitted to use violence to resist an arrest, even if it is an unlawful arrest.
However, if, during the course of an arrest excessive force is being used against you, then you may be permitted, assuming that it is done in bona fide self-defense, to use only that amount of force which is reasonably necessary to defend yourself from law enforcement’s use of excessive force on you during the course of an arrest.
Let me re-state that: You are not – ever – permitted to use force to try to avoid an arrest, but you are entitled to use self-defense, meaning that amount of force which is reasonably necessary to defend yourself, against unlawful actions committed by law enforcement officers.
The operative words here are “reasonable” and “unlawful”; “Reasonable” for you and “unlawful” for the cops.
Be very clear that using any force against a cop is always risky. Apart from the fact that a bunch of cops are likely to join in and pummel you into submission, 999 out of 1,000 times the cops will coordinate their testimony to make you look like the aggressor, and just as often the State Attorney is going to side with the cops.
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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