Criminal Defense Attorney

Resisting an Officer With and Without Violence

As former prosecutors, we know how the criminal justice system operates and that a poor law enforcement decision can lead to an arrest. When this occurs, it is vital to retain the services of a proven criminal defense lawyer and former Miami-Dade Cyber Crime Prosecutor to fight against the charges. Seltzer Law, PA is ready to assist you any day of the week, 24 hours a day, to protect you from the consequences of improper charges. We do not maintain an answering service so that when you call, you can talk with an attorney. If you have been charged with resisting an officer, we are here to answer your questions and determine what can be done to prepare and execute a successful criminal defense on your behalf.

There are several types of resisting arrest offenses that an individual can be prosecuted for. Resisting without violence, sometimes called obstruction of justice, is any form of resistance to law enforcement that cannot be called violence. The vagueness of this charge allows law enforcement wide discretion to use it in any situation where the defendant is perceived as uncooperative. Unfortunately, this means some officers may use it simply because they can, even when no harm was done. When that's the case, a good Fort Lauderdale resisting without violence criminal defense attorney can help by forcing officers to prove their allegations fully in a court of law. This offense is a first degree misdemeanor which carries penalties of a fine of $1,000.00 and up to 1 year in the county jail or both.

Resisting Arrest Charges

Resisting with violence is charged when an individual uses or threatens to use physical violence against a police officer who is lawfully carrying out his or her duties. Resisting with violence is a third degree felony and if you are convicted for this crime, it is punishable by up to 5 years of imprisonment and a fine of up to $5,000.00 or both.

For resisting with or without violence, there are many ways to aggressively pursue getting the charges dismissed or to force prosecutors to try to prove their case. Please call or email to get our firm started on your case.

For more information, see Florida Statute 843.02 Resisting officer without violence to his or her person.

Contact a criminal defense attorney fr om our firm if you have been arrested for resisting an officer and feel you were incorrectly charged.