Legal Question in Criminal Law in Florida

In the State of Flordia, if I am charged with resisting arrest with violence or without violnce, is this a valid cause of action against me and how can I defend


Asked on 7/11/12, 4:40 pm

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

No one can answer without knowing more facts on how to defend your case, but it is definitely a cause of action the state can bring. I suggest you contact an attorney.

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Answered on 7/11/12, 5:33 pm
Amir Ladan The Ladan Law Firm, P.A.

Mr. Epifanio is absolutely right - without any facts regarding your charges, there's no way to tell you whether the charges will be sustained. Florida Statute 843.02 defines Resisting an Officer Without Violence as: "Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083." It is a broadly phrased statute that encompasses a wide array of conduct that might be considered resisting. The only difference between resisting without violence and with violence is the addition of the language "by offering or doing violence" to the officer.

There are a number of ways to approach defending these charges so your facts and circumstances will play a significant role in how to best approach presenting your defenses. I recommend hiring a lawyer.

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Answered on 7/12/12, 10:32 am


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