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Resisting An Arrest

by | Oct 7, 2022 | Criminal Charges |

Have you ever wondered what consequences you can have when you decide to resist justice when you’re accused of a crime? Resisting an arrest can bring you worse consequences than what you are already facing. Even if you are innocent and you resist, you can face some severe consequences for this act. As a citizen, you have rights, but the main thing you must do is obey the law in everything it orders you, even if that includes an arrest.

Several situations can be taken as resisting arrest. Some of them are:

  1.   Not Letting The Police Do Their Job

Preventing the police from talking to you, trying to handcuff you, disrespecting him, preventing him from doing his duty, and disturbing the peace in the arrest process can cause you some trouble. Under Sec. 843.02, if someone willfully obstructs, resists, or opposes an officer while they are executing their legal duty, but without violence, the individual is guilty of a misdemeanor in the first degree, punishable by up to one year in jail and by a fine of up to $1,000.

  1.   Putting Up Resistance When A Police Officer Tries To Arrest You

Using force to prevent the officer from proceeding with the arrest and making it complicated can also cause them to be in trouble with the law. Resisting Without Violence is a first degree misdemeanor, with penalties of up to 1 year in jail or 12 months probation, and a $1,000 fine.

  1.   Physically Assaulting A Police Officer

Going so far as to use physical aggression or struggle with the officer who is arresting you or causing any harm to the officer is the worst scenario for you, it can lead to an additional charge of assaulting a police officer with a weapon. It also counts as violence to attack the patrol car or physical objects that the police have at that moment for work. Any individual who violently resists an arrest conducted by a police officer or any legal personnel will be charged with a 3rd-degree felony, resulting in a $5,000 fine and/or 5 years of imprisonment. 

  1.   Run Or Attempt To Escape At The Time Of The Arrest

Trying to escape an arrest would be like pleading guilty yourself. The smartest way to assume this is to allow the arrest and look for the best lawyer option for you. Preventing the arrest can be very serious, both for the officer and for you. This is since this can end, in the worst case, in a violent confrontation, and that is not wanted on either side.In Florida, the crime of escape is a second degree felony, with penalties of up to 15 years in prison or 15 years of probation, and a $10,000 fine.

You must consider that you always must adhere to your rights to respond in the best way in your case.

  •         Right to remain silent
  •         Anything you say can and will be used against you in a court of law.
  •         You have the right to speak to an attorney and to have an attorney present during any questioning.

Being charged with a crime is not the time to put your future in the hands of a lawyer who doesn’t have the experience to protect you. No matter what situation you find yourself in, trial attorney Russell Spatz has the knowledge and experience to fight for your best interests. Contact his law firm today for the best legal advice 305-442-0200.

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