Charged With Resisting an Officer Without Violence in Florida?

Orlando Attorney

Were you charged with resisting arrest? Do you feel that the cops should not have arrested you? We can help. Our experienced criminal attorneys at The Umansky Law Firm see these cases every day. We’ve broken down everything you need to know about the traditional way in which these types of cases are handled.

Likewise, it’s important to note that there have been recent tweaks to the rule in the midst of ongoing national and local uprising from those demanding massive change to a system of policing and mass incarceration that has always been infected by racism and abuse.

A press release by the State Attorney said that unnecessarily prosecuting ticky-tack resisting arrest charges have little to no nexus to future criminality, enables disproportionate policing, and is a poor investment of the office’s limited resources. As a result,  the state will use its discretion to determine when cases are goal-oriented rather than reckless or arbitrary.

Did You Resist Arrest Nonviolently?

There are two resisting arrest charges: resisting arrest without violence and resisting arrest with violence. Charges of resisting arrest without violence may have been filed against you because you ran away from the police or attempted to hide.

Penalties For Resisting Arrest Without Violence

Even if you were not violent when resisting arrest, the state of Florida takes this type of offense very seriously. If you are convicted of resisting an officer without violence, which is a first-degree misdemeanor, you may face up to:

  • a year in jail
  • $1,000 in fines

In DUI and traffic violations, there is a similar offense, called fleeing and eluding. Our criminal defense lawyers can also defend against this charge.

Recent Case Result

Resisting Officer with Violence reduced to Resisting Officer without Violence. Felony dropped to Misdemeanor

2017-CF-016652-A-O


Client was charged with battery on law enforcement. We got it dropped to resisting without violence. There was no probation, no jail, and no conviction. The client just had to pay court cost and cost of investigation.

Repeat Resisting Without Violence Charges

There are some cases where someone has been arrested for resisting without violence more than one time. If it’s a repeat offense, it’s possible that the individual could be looking at jail time. Usually, when there are cases where someone has gotten arrested repeatedly for resisting arrest, this may be an indication that there is a problem with authority. For instance, if it’s your first brush with the law and you get arrested for resisting arrest without violence, many times it’s really the police officer’s issue, not the individual’s issue. Very simply, maybe the cop is having a bad day.

If someone has been charged with a first-time offense for resisting arrest without violence, in most counties, he or she is usually looking at a diversion or intervention program. If you’ve never been arrested before and charged of any crime, in most cases, if the police or cop agrees to it, you’ll probably be eligible for the first-offender program. The first-offender program will get the charge dropped.

It’s important to note, as well, that new updates to the pretrial diversion program have been implemented in response to COVID-19, the corresponding tightening state budget, persistently large caseloads, and a robust community and jail population. The goal of these updates is to maintain offender accountability, reduce recidivism and therefore public safety, community engagement, administrative efficiency, and cost savings.

Eligible offenses include most misdemeanors and third-degree felonies. Some second-degree felonies will be eligible as well. Cases that may not be appropriate for diversion are felonies involving weapons and extreme violence.  Upon the defendant entering into the diversion agreement, the criminal proceedings shall be suspended.

Contact a The Umansky Law Firm for a Resisting Arrest Charge

Bill Umansky has been quoted or appeared on a multitude of national media outlets and affiliates, including People, USA Today, Wall Street Journal, Newsweek, NBC, CBS, FOX, and ABC.  Recently, he was named a Top Criminal Lawyer by Orlando Home and Leisure Magazine. We are determined to provide second chances to the citizens of Central Florida in need. To schedule a free case review with our criminal defense lawyers you can contact us online or call us at 407-228-3838. We are available anytime, day or night.