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Resisting Officer Without Violence in Florida

The charge of Resisting Officer Without Violence imposes heightened penalties on civilians who passively resist officers carrying out their public duties.

If accused of Resisting Officer Without Violence, you need to know the:

• Definition of Resisting Officer Without Violence
• Penalties for Resisting Officer Without Violence
• Defenses to Resisting Officer Without Violence

Definition of Resisting Officer Without Violence

The crime of Resisting Officer Without Violence has four elements:

1. Knowing and willful resisting, obstruction, or opposition of an officer, 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 Without Violence

Resisting an Officer Without Violence is a misdemeanor of the first degree in Florida.

As a result, a first time offender would be facing:

• A maximum sentence of one (1) year in jail, and
• A minimum sentence sentence of probation or a fine.

Defenses to Resisting Officer Without Violence

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

However, this leaves open three primary defenses that can be raised to the crime of Resisting Officer Without Violence.

1. Resisting an Illegal Arrest
2. Excessive force or
3. Officer's Status Unknown

Resisting an Illegal Arrest

It is technically legal to passively resist an improper or illegal arrest, detention, or investigation. And the burden of demonstrating that the arrest was lawful falls upon the State.

Lawful Arrest

A lawful arrest is an arrest that is supported by probable cause. Probable cause exists where the facts and circumstances within the officer’s knowledge are reasonable trustworthy and sufficient to warrant a reasonably cautious belief that an offense has been committed.

Lawful Investigation

A lawful investigation requires that the investigating officer have an articulable, reasonable suspicion that a person had committed, was committing, or was about to commit a crime before detaining the person to investigate the crime.

Excessive Force

A person is justified in the use of reasonable force to defend one's self against an officer who uses excessive force to make an arrest or engages in police brutality.

However, a person can only engage in self defense to the extent reasonably believed to be necessary. And the determination of whether the self defense 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 Without 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

Serving all of the Tampa Bay Area and Throughout Florida.

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

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