Resisting Arrest

Resisting Officer With Violence

Police officers take the charge of resisting a police officer with violence very seriously. If a police officer believes you resisted, obstructed, or opposed that police officer when he or she was doing their job and you made any contact with that police officer, no matter how minor, you may find yourself arrested and charged with a very serious felony offense. You can be arrested for resisting a police officer with violence even if you believe the police officer had no right to approach you in the first place. The law does not allow you to violently resist even an unlawful arrest.

If you have been charged with resisting a police officer with violence, immediately contact me, former prosecutor Justin Caldarone of The Caldarone Law Group, P.A., for a free consultation to protect your liberty and good name! Call 239-244-3242 or email my office.

Resisting Officer With Violence

To prove the crime of Resisting Officer With Violence, the State Attorney must prove the following three elements beyond a reasonable doubt:

  1. The person charged knowingly and willfully [resisted] [obstructed] [opposed] the alleged victim by [offering to do him or her violence] [doing violence to him or her].
  2. At the time the alleged victim was engaged in the [execution of legal process] [lawful execution of a legal duty].
  3. At the time the alleged victim was an officer.

Fla. Stat. § 843.01

Resisting Officer Without Violence

You can easily find yourself arrested and charged with resisting a police officer without violence if a police officer believes you resisted, obstructed, or opposed that law enforcement officer when he or she was doing his or her job without doing violence to that law enforcement officer.

Unfortunately, the line between lawful and unlawful conduct under this statute is often left to the subjective belief of the police officer and, sometimes, the type of day that police officer was having before he or she encountered you.

Resisting Officer Without Violence

To prove the crime of Resisting Officer Without Violence, the State Attorney must prove the following three elements beyond a reasonable doubt:

  1. The person charged [resisted] [obstructed] [opposed] the alleged victim.
  2. At the time the alleged victim was engaged in the [execution of legal process] [lawful execution of a legal duty].
  3. At the time the alleged victim was an officer.

Fla. Stat. § 843.02