Resisting Officer Without Violence in Florida
Resisting an Officer Without Violence is a crime in Florida that imposes penalties on any civilians who oppose, obstruct, or resist officers in a passive manner for executing their duties lawfully.
Florida Statute §843.02, states that this crime is deemed to have been committed when an individual willfully and knowingly opposes, obstructs, or resists law enforcement officers who are engaged in executing their legal duties or serving a legal process
Law Enforcement Officers
This term includes a probation officer, correctional officer, deputy sheriff, police officer, or an individual with the legal authority to execute legal process like warrants or subpoenas.
This offense is A Misdemeanor of the First Degree in Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $1000
Probation Period not exceeding 1 years
Imprisonment sentence not exceeding 1 years
Applicable Specific Defenses
Apart from trial defenses and pretrial defenses, which may be raised during a criminal case, there are three defenses that are specific to the charge of Disobeying a Lawful Order of A Police Officer:
When officers utilize excessive force to arrest an individual, the person can use a reasonable amount of force for defending themselves.
In addition, it is not necessary that there be actual danger of any police brutality or excessive force for justifying self-defense claims. In all such cases, individuals are permitted to use reasonable force if police brutality or excessive usage of force appears imminent.
But individuals can use force to a reasonable extent only if they have sufficient case to believe the necessity of such force. Determining whether violent resistance was justified or not will be dependent upon the prevailing circumstances.
Although individuals are not permitted to use force against police officers who are known to be or appear to be law enforcement officers, people charged with Battery on Law Enforcement Individuals must have been aware that their victim was an actual police officer. The charge cannot be proved if they believed that they were resisting someone who was impersonating law enforcement officers.
It is rare for a person's speech to be grounds for being charged with this offense. Instead, this speech must be followed by physically obstructive conduct for supporting a conviction under this offense.
Passively resisting an unlawful investigation, detention, or arrest is not illegal. It is the State's responsibility to demonstrate the lawfulness of the order.
This requires that investigating officers have reasonable, articulate suspicion that an individual has committed, was committing or about to start committing a criminal act before they detain the individual for investigating the crime.
Lawful arrests are those, which are supported by a probable cause. The latter is said to exist when the circumstances and facts within the knowledge of the officer are trustworthy, and reasonable enough for warranting a belief that a certain offense had been committed.
Contact Criminal Defense Lawyer Larry Avallone.
If you've been charged or arrested for this charge in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County.
My initial consultation is completely free. I am ready to provide legal advice regarding the steps that are to be taken next in your case.