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Resisting Officer With Violence in Florida

Florida vigorously prosecutes people alleged to have acted violently towards law enforcement officers.

The charge of Resisting Officer With Violence imposes heightened penalties on civilians who violently resist officers who are carrying out their public duties.

And unlike the charge of Resisting Officer Without Violence, it is not a defense that the officer's arrest was subsequently determined to be improper or illegal.

If accused of Resisting Officer With Violence, you need to know the:

• Definition of Resisting Officer With Violence
• Penalties for Resisting Officer With Violence
• Defenses to Resisting Officer With Violence

Definition of Resisting Officer With Violence

The crime of Resisting Officer With Violence has four elements:

1. Knowing and willful resisting, obstruction, or opposition of an officer by threatening violence or engaging in violent conduct, and at the time:
2. The officer was engaged in either the:
   • Execution of legal process, or
   • Lawful execution of a legal duty.
3. The officer was either a:
   • Law Enforcement Officer,
   • Correctional Officer,
   • Probation Officer, or
   • Person legally authorized to execute process.
4. The officer's status as an officer was known.

Penalties for Resisting Officer With Violence

Resisting an Officer With Violence is a felony of the third degree and a level 5 offense under Florida's sentencing guidelines.

If convicted of Resisting an Officer With Violence, a judge can impose any combination of the following penalties:

• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.

Defenses to Resisting Officer With Violence

The use of force in resisting an arrest by a person known to be a law enforcement officer is unlawful regardless of whether the arrest is technically illegal.

However, this leaves open two primary defenses that can be raised to the crime of Resisting Officer With Violence.

1. Excessive force or
2. Officer's Status Unknown

Excessive Force

If an officer uses excessive force to make an arrest or engages in police brutality, a person is justified in the use of reasonable force to defend himself or herself.

However, a person can only defend themself to the extent reasonably believed that such force was necessary. And the determination of whether the resistance with violence was justified is based upon the circumstances at the time.

Additionally, the danger of excessive force or police brutality need not have been actual to justify a self-defense claim. In such instances, you are allowed to defend yourself if the appearance of excessive force or police brutality appeared to be imminent.

Officer's Status Unknown

While a person is not justified in using force to resist a police officer who is "known, or reasonably appears to be a law enforcement officer." A person accused of Resisting Officer with Violence must have reason to know that the "victim" was actually an officer and not someone impersonating an officer.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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