Resisting an Officer

Resisting an Officer: A catch-all charge?

In Florida, Resisting an Officer is a criminal offense that is often charged when law enforcement wants to make an arrest, but has no "legitimate" reason to do so. While some charges of resisting an officer charges may be warranted, all too often they are not. Generally a resisting an officer charge has no supporting evidence other than the officer's word In these situations, it is imperative that a defendant has the support of a skilled Miami criminal defense lawyer who has the know-how to properly fight these charges.

There are two types of Resisting an Officer charges – with violence and without violence.

Resisting an officer is defined under Florida Statute 843.02, as follows: Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer.

Resisting an officer without violence is a misdemeanor charge and those who are convicted can face up to one year in jail.

Resisting an officer with is defined under Florida Statute 843.01, as follows: Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person

Resisting an officer with violence is punishable by up to 5 years in state prison, assuming no other applicable enhancements.

Fight Charges for Resisting an Officer in Miami

Whether or not the resisting an officer charge included accusations of violence, it can be very difficult to win a case against a law enforcement officer, who is often believed to be credible solely on the basis of the uniform they are wearing. All too often, the defendant is beat up by the police and then is charged with resisting! Level the playing field by hiring Mait Law to show the inconsistencies in the officer's testimony, and to create holes in the government's case due to, for example, the lack of other corroborating evidence. You need a zealous advocate to fight for your freedom and rights, and we at Mait Law take this responsibility very seriously.

Contact a Miami criminal defense attorney if you have been charged with resisting an officer, whether with violence or without violence, so that you can set the record straight and get the justice you deserve.