Dedicated Attorney Defends Charges of Resisting Arrest in Florida

Aggressive defense to charges of resistance and obstruction

No one has the right to resist a lawful arrest, but no one has to suffer brutality and abuse inflicted under the color of authority. If you have been charged with resisting arrest, there are defenses available and a skilled criminal defense attorney can help you assert them. At The Law Offices of Tad A. Yates, P.A., we understand how a person’s reasonable fear of police can escalate during an encounter, causing the person to react defensively. If you are charged with resisting arrest, we will challenge law enforcement on their tactics and procedures and bring to light all evidence that may have justified your conduct. We work tirelessly to deliver positive results that uphold the dignity of our clients.

What constitutes resisting arrest under Florida law?

You may have solid legal grounds to claim you did not resist arrest. However, attempting to litigate your case alone against the cops is always a bad idea. Citizens are required to obey law enforcement officers who are acting within the scope of their duties. This includes police officers, probation officers, parole supervisor and any personnel acting under color of authority. Police are permitted to use reasonable force when carrying out their duties. It’s important for citizens to understand that failure to obey a police request can result in the exercise of force, and more often than not a court will find that force to be justified.

Any noncompliance with an arresting officer’s instructions can be construed as resisting arrest. Under Florida law, resistance can occur in two ways:

  • With violence — This is a third degree felony, which can draw five years in prison and/or a fine of up to $5,000.
  • Without violence — The is a first degree misdemeanor, carrying one year of jail time and/or a fine of up to $1,000.

To prove either of these charges, a prosecutor must present evidence of all of these elements:

  • You resisted, obstructed or opposed a law enforcement officer.
  • The officer was authorized under the law and was executing a legal duty.
  • You knew that you were resisting a law enforcement officer.

These elements are not always straightforward, especially in these days of heightened tension between police and the public.

Viable defenses to resisting arrest in Florida

Depending upon the circumstances, you might have one or more viable defenses to a charge of resisting arrest. These defenses include:

  • Self-defense — No one has to subject themselves to police brutality. If you were the target of excessive use of force by police, you have the right to protect yourself against it.
  • An officer acted outside the scope of authority — When a police officer acts unlawfully, citizens are not required to obey. Officers who abuse power and/or engage in violence and corruption cannot turn around and arrest citizens who oppose them.
  • An officer failed to identify himself — You are not required to obey the instructions of random persons. When officers fail to identify themselves, there is no basis for demanding compliance with orders.

Depending on the facts of your case, you could have an effective defense to charges that you resisted arrest. Mr. Yates will thoroughly investigate the incident and interview all available witnesses to build the strongest case possible in your behalf.

Contact a proven criminal defense lawyer in Orlando, FL for charges of resisting arrest

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. Our office is conveniently located at 3431 Edgewater Drive.

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Mr. Yates is a past-President of the Orange County Bar Association and the Legal Aid Society of the Orange County Bar Association. He previously served as Chair of the Judicial Nominating Commission for the 9th Judicial Circuit. 

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Testimonials

  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.

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  • Tad is an excellent attorney. Due to a momentary lapse in judgement, I was put in a bad position and could not be more grateful that I hired Tad. From the moment I met Tad, I knew that I was in great hands! Tad explained to me all possible outcomes of the case and really helped put my mind at ease. In the end, I wound up with a very positive outcome and I owe it all to him. Tad was always available when I needed to speak with him and I couldn’t be happier that I hired him. Without the help and guidance of Tad, I’m not sure where I would be today. Tad is not only an amazing attorney, but an all-around great person!

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  • I do not have enough words to describe how amazing the experience with this attorney was. He works very hard to obtain the best results for his clients. I could not have asked for better services. I had exceptional fast results, I highly recommend this attorney. Thank you again, Tad Yates.

  • After consulting with several different highly recommended lawyers, I decided to hire Tad. It was a decision that would truly effect my life in a very profound way. Tad never promised results, he did however layout his experience and give me his word he would put all his effort into my case. I felt that was the honesty I deserved. He was sincere, honest, and reliable. Every time we attended court he seemed to hold a very good relationship with all the court's people. My case with Tad lasted about 9 months. There were many times I wanted to break down, not knowing what the results would ultimately be; however Tad always personalized my case and would constantly provide me with assurance of his efforts. He was always extremely accessible. This gave me a lot of peace. The results of my case ended up being extremely satisfying. I was looking at losing everything, for good. I now have my peace, my freedom, and I am currently very successful. Even after my case, Tad kept tabs with me and ensured I was doing as I should. There is a handful of people God put in my life of whom helped me get to the next level, there is no denying Tad is one of them.

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  • Tad came highly recommended. Set up a consultation and after meeting him, hired him immediately. Tad is extremely knowledgeable, efficient and truly cares. He was always available to speak and support during a very difficult situation. Although he has many clients, he always made us feel important and took the time necessary to ensure our questions were answered and that we were comfortable with strategy and next steps. He ultimately achieved the desired result and we are forever grateful.

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  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.- A.

    I was referred to Tad by a friend of the family. They told me what he did for them and assured me that he would do the same for me. He exceeded my expectations from start to finish. He used his knowledge of the law, professionalism and relationship skills to have my case completely dropped. No plea deals what so ever. He never once doubted me however he did explain exactly what we had to overcome. If you find yourself in a situation that could impact you for the rest of your life, whether you did anything wrong or not I would encourage you to give him a call.

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Ratings & Reviews

  • google
    5.0/5.0

    Strongly recommend Tad Yates as an attorney as well as his office staff, Kathy. They are absolutely on top of their game. Very attentive, astute and courteous. The kindness and understanding shown by their office is incomparable. They have ...
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    — Louis .Tsantes

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    5.0/5.0

    Time spent in any legal process can be stressful. Tad is a great communicator and put me at ease with the process. His knowledge and plan of action where exactly what I needed. I would definitely recommend giving his office a call if you ar...
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    — Client

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    5.0/5.0

    I was highly recommended by a former Circuit Judge in Orlando to contact Mr Yates. He immediately took my call and put me at ease immediately. After his investigation into the matter he agreed to take my case. I never met him in person and ...
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    — Farrell Gordon

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    5.0/5.0

    If you're reading this and you have a case pending, you need to stop immediately and call Tad's office. Take it from someone who has been there, Tad is a consummate professional and highly skilled tactician who will get you the best possibl...
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    — Brenden McDaniels

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    5.0/5.0

    Tad is fantastic. Not only did he get my case dismissed in a timely manner, but he also made himself available over the holidays to provide advice and refer me to another law firm. He truly cares about his clients. I would highly recommend ...
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    — Leah