Miami Resisting Arrest Defense Attorney

Lawyer for Charges of Resisting Police or Obstructing Justice in Miami, Florida

Tense confrontations with police officers during arrests or investigations can sometimes lead to violence or accusations that a person resisted an officer or obstructed justice. Charges of resisting arrest can be serious, especially when officers claim that a person used violence or force against them. Officers have broad discretion when performing arrests and filing charges, and people who were exercising their rights or who reacted defensively to aggressive behavior by police may face criminal prosecution.

When defending against charges of resisting arrest, legal representation from an experienced attorney is crucial. Stroleny Law: Criminal Defense Attorney represents clients who have been accused of resisting arrest or other forms of obstruction. Our lawyer understands the legal standards governing the conduct of law enforcement officers and the defenses that may be available when officers exceed their authority or claim that they feared for their safety. Cases involving resisting police may involve unlawful arrests, excessive force by police, or situations where defendants did not understand they were being lawfully detained. Our attorney can help ensure that defendants' rights are protected in these situations.

Florida's Resisting Arrest Laws

In general, a person may be charged with resisting arrest without violence if they are accused of obstructing or resisting a law enforcement officer who is performing their legal duties. The specific penalties that may apply in these cases involving accusations of resisting arrest will depend on whether a person is accused of using violence. Under Florida Statutes § 843.02, charges of resisting arrest without violence are classified as a first-degree misdemeanor. Penalties may include up to one year in county jail and fines reaching $1,000.

Florida Statutes § 843.01 addresses resisting officers with violence. If a person engages in violent acts against a police officer or threatens to use violence while resisting, they could be charged with this offense. Violence may include any form of physical force against an officer, from pushing and struggling to kicking, punching, spitting, or other forms of physical contact. This offense is a third-degree felony, and a conviction may lead to up to five years in state prison and fines up to $5,000.

To be convicted of resisting arrest, a person must have "knowingly and willfully" resisted a police officer. The resistance must have been active. Passive refusals to cooperate or verbal objections generally do not constitute criminal resistance.

Situations That May Lead to Criminal Charges for Resisting Police

Traffic stops can sometimes escalate to physical confrontations if drivers refuse to exit their vehicles, argue with officers, or do not immediately comply with directions. Officers who encounter hesitation or questioning of their authority may claim that a person engaged in obstruction, even if the driver was attempting to understand what was required of them.

Foot pursuits where people are accused of running from police may result in resisting arrest charges even if no violence occurred. Officers will often view fleeing as an obstruction of their duties. Whether running away may be considered criminal resistance may depend on whether an officer had lawful authority to detain a person in the first place.

Protests and demonstrations can lead to charges of resisting or obstructing police officers when people refuse to disperse, link their arms to prevent removal, or do not comply with other police orders. The line between exercising First Amendment rights to free speech and engaging in criminal obstruction of law enforcement can become blurred in these situations.

Domestic disputes may result in charges of resisting police when people become upset about arrests, when they attempt to prevent officers from taking family members into custody, or when they physically interfere with arrests of loved ones. Emotional reactions to seeing family members arrested can lead to additional charges on top of offenses related to domestic violence.

Situations where people do not immediately understand that they are being detained or arrested can result in charges of resisting arrest if a person attempts to walk away, reaches for their phone, or moves before an officer clearly communicates that they are under arrest. Confusion about whether a person is free to leave can quickly escalate to situations involving accusations of resisting arrest. In some cases, a person may pull away when an officer grabs them, tense their body while being handcuffed, or engage in other natural reflexive responses that officers claim to be active resistance.

Defense Strategies in Resisting Arrest Cases

Our attorney may defend against accusations of resisting arrest by establishing that an arrest was unlawful. If an officer performed an arrest without probable cause, exceeded their authority when searching a person or their property, or otherwise engaged in unlawful acts, our lawyer can show that resistance to those actions should not be considered a criminal offense.

A defendant may show that they were unaware that the person attempting to detain them was a law enforcement officer. When an officer was in plain clothes or did not identify themselves clearly, or when a reasonable person would believe that they were being attacked rather than arrested, resistance may be justified.

Our lawyer may take steps to show that a person's conduct was protected speech rather than obstruction, and he will fight to protect clients' First Amendment rights. Verbal objections, questions about the basis for an arrest, or statements asserting that a person is innocent should not be considered criminal resistance. Filming police, asking for badge numbers, or protesting against an arrest are lawful activities, but officers may claim that these acts should be considered obstruction.

Allegations of violence when resisting arrest may be countered by showing that a person acted defensively. When officers use excessive force, people may act to defend themselves against serious injuries or other forms of harm. Our attorney can present evidence showing that a defendant acted defensively in response to unreasonable force.

Skilled Representation in Resisting Arrest Cases

Our lawyer can perform an investigation into the circumstances surrounding an arrest. He can obtain body camera and dash camera footage showing the actual interactions between a defendant and an officer. Video evidence may contradict an officer's reports and reveal that they engaged in excessive force or issued unclear commands.

Interviews with independent witnesses who observed encounters between a defendant and police can provide information about what actually occurred. Bystander accounts may differ from reports made by police, and they may address issues such as who initiated force and whether a person's actions were aggressive or defensive.

Medical documentation of the injuries a person sustained during an arrest can support claims of excessive force by police officers. Photographs, emergency room records, and medical reports can provide documentation demonstrating the level of force used against a person.

Our attorney may negotiate with prosecutors and emphasize the weaknesses in the state's case, the defensive nature of any resistance, or the lack of violence. He will advocate for dismissals, reductions of charges from felonies to misdemeanors, or a resolution that will help a client avoid a criminal conviction. He will prepare to take cases to trial, and he can provide skilled advocacy in the courtroom to show that a person should be acquitted of charges of resisting arrest.

Contact Our Miami, FL Resisting Arrest Attorney

Situations where people may face charges of resisting arrest may involve unlawful police conduct, excessive force, or wrongful arrests. At Stroleny Law: Criminal Defense Attorney, our legal team can challenge unlawful arrests and work to protect the constitutional rights of defendants while helping them avoid criminal convictions. Contact our Miami resisting arrest defense lawyer at 305-615-1285 to arrange a free consultation.