When someone purposefully obstructs a police officer’s ability to make an arrest or perform their duties by using physical force or violent threats, they could be arrested for resisting arrest. Whether or not resisting arrest includes violence, it remains a serious crime that can be charged as a felony in Florida.
If you have been accused of resisting arrest without violence, it is important you begin building your defense strategy as soon as possible. Criminal Defense Attorney Brian Gabriel has the experience as a criminal defense attorney to successfully defend a resisting arrest without violence charge. With over 30 years of experience, Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his career.
4 Possible Ways To Defend A Resisting Arrest Without Violence Charge in Florida
If you are facing a charge for resisting arrest without violence in Florida, you may feel overwhelmed, but do not panic. A criminal defense attorney can help you understand your rights and fight against the charges. They can also negotiate with prosecutors to get the best possible outcome for your case.
Your attorney may be able to defend your case by using any of the following strategies:
The Use Of Force Was Unnecessary Or Excessive
The law requires police officers use only the amount of force necessary to make an arrest. This means if you do not resist, the police cannot use more force than is absolutely necessary in order to subdue you.
Your attorney may also examine other factors like any injuries inflicted by police officers on suspects, as well as collect evidence such as surveillance videos from nearby businesses and homes.
Self-defense is a right guaranteed by the Florida State Constitution, but it is not the same as using force in self-defense. For this defense to succeed, the use of force must be measured and proportionate to the threat or perceived threat that was faced.
Florida law states:
“A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.”
Simply Refused To Comply
While it is true that a simple refusal to comply with an officer’s direction may lead to an accusation of resisting arrest, the defendant’s actions must have been more than just not doing what the officer asked in order to actually be convicted. Merely refusing to follow orders is not enough to justify a resisting arrest charge; there must be additional conduct on behalf of the defendant that proves they obstructed or opposed an officer attempting to make an arrest.
Police Officer Did Not Follow Protocol
If the arresting officer failed to identify themselves as a police officer or acted in a manner that made it unclear they were an officer, you could have a solid defense on your hands. If you reasonably believed the person attempting to arrest you was not really a law enforcement agent, it is not resisting arrest.
To prove this, your attorney will need evidence showing why it would be reasonable for a person in the same situation to not believe the arresting officer was actually a police officer.
Fight a Charge for Resisting Arrest Without Violence in Florida With the Help of an Attorney
Contact a criminal defense lawyer today if you have been charged with resisting arrest without violence in Florida. A lawyer will be able to review all of the evidence, analyze it, and determine whether there are reasonable gaps that cast doubt on what happened during the incident.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.