Pursuant to Florida Statute 843.02, Fla. Stat. “Whoever shall resist, obstruct, or oppose any officer… in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree…”
To prove the crime of Resisting Officer without Violence, the State must prove the following four elements beyond a reasonable doubt:
- The accused resisted, obstructed or opposed the alleged victim.
- At the time, the alleged victim was engaged in the execution of legal process or lawful execution of a legal duty.
- At the time, the alleged victim was an officer or a person legally authorized to execute process.
- At the time, the accused knew the alleged victim was an officer or a person legally authorized to execute process.
Resisting Arrest with Violence is a first degree misdemeanor punishable by up to 364 days in the county jail and a $1,000.00 fine.
There are many ways to challenge a Resisting Arrest without Violence charge. The state must prove that the officer was in the lawful execution of a legal duty. There are many reasons that the officer would not be in the lawful execution of a legal duty, such as the officer didn’t have the right to detain or question the citizen in the first place, was carrying out an illegal search or seizure, was unlawfully trying to enter a home, or was demanding a citizen do or not do an act that was actually legal.
If you are charged with Resisting Arrest Without Violence or any other criminal offense in Broward County, an experienced Criminal Defense Attorney is essential. Hiring the right criminal defense attorney could be the difference between freedom and prison. For a free consultation to see how Fort Lauderdale Criminal Defense Attorney David J. Sobel can defend you, contact David Sobel at 954-383-3000. You will be able to speak directly with David Sobel 24/7.
David Sobel is a Fort Lauderdale Criminal Attorney representing clients throughout Broward County, Miami-Dade County, and Palm Beach County and all other counties in the State of Florida.