Resisting a Law Enforcement Officer With Violence in Florida

Orlando Attorney

Have you been arrested for resisting an officer with violence? All too often, Orlando police officers tack on this charge to other criminal charges because they didn’t like your behavior during your arrest. Charges of resisting an officer with violence may lead to serious penalties, as it is a felony in Florida.  If you have been charged with this offense, it is likely because the arresting officer in your case believed it was warranted due to the actions you took while he or she arrested you for another crime.

“Resisting a law enforcement officer,” sometimes called “resisting arrest,” refers to nearly any action a suspect takes when being arrested. In fact, the word “resisting” can pretty much mean what the police officer wants it to mean, which is why you need an experienced criminal defense lawyer on your case as soon as possible. A charge of resisting an officer with violence automatically escalates your legal issue to one that requires professional legal counsel.

An experienced attorney can review the circumstances around your arrest to determine if your rights were violated at any time and whether the officer’s actions were justified. Your lawyer will look into the details surrounding your arrest to make a case for having your charge of resisting arrest dropped. The sooner you get a criminal defense lawyer involved, the better the results of your case may be.

Resisting a Law Enforcement Officer With Violence Charges in Florida

Prosecutors typically file a charge of resisting arrest with violence when you allegedly used violence in your attempt to evade arrest. If you are accused of attacking a police officer in the process of resisting, you may also be charged with assault or battery on a law enforcement officer, which could lead to enhanced penalties. 

According to §843.01 of the Florida Statutes, the crime of Resisting a Law Enforcement Officer with Violence occurs when a person “knowingly and willfully resists, obstructs, or opposes a law enforcement officer by threatening violence or engaging in violent conduct against the officer, who was engaged in the lawful execution of a legal duty.”

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.

The Punishment for Resisting Arrest with Violence

Resisting a law enforcement officer arrest with violence is an extremely serious charge. Under Florida law, this offense is a third-degree felony. Officers often file charges for resisting arrest with violence in addition to other charges, since presumably you were being arrested for another matter. If you are convicted of resisting with violence, you will have a felony on your criminal record and may face the following punishments:

  • Prison Time: Up to five years
  • Probation: Up to five years
  • Monetary Fines: Up to $5,000

Prosecutors often pursue the toughest penalties for these crimes because these offenses interfere with a police officer’s duties and put their lives at risk. Your best chance to avoid the worst penalties is to work with an experienced criminal defense lawyer in Orlando.

Top Legal Defenses Against Resisting Arrest with Violence

A criminal defense lawyer with experience handling charges of resisting an officer can review each aspect of your case to determine the most potent defense strategy. Defenses to resisting a law enforcement officer with violence may include:

  • The officer was not on duty
  • The defendant was not aware that the police officer he resisted was a police officer
  • The police officer used excessive force while arresting the defendant
  • The defendant used self-defense

Using an effective legal defense depends upon the competence and experience of a dedicated criminal defense team. Look no further than The Umansky Law Firm to protect your rights at this difficult time.

Get an Experienced Criminal Defense Team in Orlando On Your Side

Our Orlando criminal defense lawyers have the dedication and determination you need to aggressively fight multiple charges, including resisting a law enforcement officer with violence, attacking the most severe charges first in our pursuit of a positive outcome. The fact that you attempted to resist your arrest does not change the fact that you deserve a second chance, and we are here to help you get it.

Our team of defense lawyers has over 100 years of combined experience providing vital legal representation to people facing criminal charges throughout Central Florida. Attorney William D. Umansky serves on the Orange County Bar Association Executive Council and has been named one of 2018’s Lawyers of Distinction. Schedule a free case review with our lawyers for help with you resisting arrest with violence charges. Contact us online or call us at 407-228-3838. We are available 24/7 to answer your questions and ease your concerns.