Resisting a Law Enforcement Officer With Violence in Florida

Orlando Attorney

Charges of resisting arrest come with serious penalties. Of course, matters are made worse because these charges are rarely filed on their own. If you have been charged with this crime, it is because of the actions you took while being arrested for another crime.

Resisting a law enforcement officer 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. 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. The sooner you work with an attorney, the better your chances of receiving a positive resolution to your case.

Resisting Arrest With Violence Charges in Florida

Prosecutors typically file charges 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.

Recent Case Result

Aggravated Assault With a Firearm

The Umansky Law Firm represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that our client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions applied. We contacted the alleged victim, who stated she did not want to prosecute. We prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, we were successful in getting the charges dropped against our client after the prosecutor dismissed the charges!

The Consequences of Resisting Arrest with Violence

Resisting 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 could 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. 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 such charges can review each aspect of your case to determine the best defense strategy. Available defenses to resisting arrest with violence 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

Get an Experienced Defense Team On Your Side

Our Orlando criminal defense lawyers have the dedication and determination you need to aggressively fight multiple charges, including resisting arrest 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.

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 anytime, day or night.

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Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

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