Florida law criminalizes any act of resisting, obstructing or opposing a law enforcement officer during the performance of their duties. There are two distinct crimes, defined based on whether or not violence was allegedly used by the defendant. Understanding these crimes is key to raising effective defenses.

To secure a conviction for resisting an officer with violence, the prosecutor must prove beyond a reasonable doubt that the defendant knowingly and willfully resisted, obstructed, or opposed a law enforcement officer by committing an act of violence against the officer while they were performing their lawful duties. The evidence must show that the officer was engaged in executing a legal duty and that the defendant's actions included physically striking or using force against the officer.

For resisting an officer without violence, the prosecutor must establish that the defendant intentionally resisted, obstructed, or opposed an officer without the use of violence. This can include actions like fleeing, refusing to comply with orders or providing false information to an officer who is lawfully performing their duty.

The use or absence of violence significantly impacts the severity of the offense. Resisting an officer with violence is classified as a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine. On the other hand, resisting an officer without violence is a first-degree misdemeanor, which can result in up to one year in jail, one year of probation and a $1,000 fine.

Several defenses can be raised against charges of resisting arrest:

1. Self-defense against excessive force — If a law enforcement officer uses excessive force during an arrest, the defendant has the right to reasonably defend themselves. This defense requires showing that the force used was more than what was necessary to make the arrest and that the defendant's response was proportional and reasonable under the circumstances.

2. Officer acted outside the scope of authority — A valid defense arises if the officer was acting outside the bounds of their legal authority. For example, if the arrest was unlawful or the officer did not have the right to engage in the conduct that the defendant allegedly resisted, the defendant cannot be convicted of resisting.

3. Failure to identify as a law enforcement officer — If the officer failed to properly identify themselves as law enforcement, and the defendant was unaware that they were resisting an officer, this can serve as a defense. This is particularly pertinent if the officer was not in uniform or did not verbally identify themselves as law enforcement during the incident.

The legal nuances of resisting an officer charges in Florida highlight the importance of retaining an experienced criminal defense attorney to investigate the specific circumstances of your case and to develop and assert the appropriate defenses.

The Law Offices of Tad A. Yates, P.A. represents clients accused of resisting arrest in Orlando and vicinity. Call today at 407-608-7777 or contact us online.