Attorney Insights: Resisting an Officer Without Violence in Florida
The elements of Resisting an Officer Without Violence in Florida, under Sec. 843.02, Florida Statutes, involve:
- A person knowingly and willfully resisted, obstructed, or opposed a police officer, probation officer, parole officer, or process server;
- The officer or process server was lawfully engaged in executing a legal duty; AND
- The person did not threaten or cause violence against the officer or process server.
The importance of the third element lies in its distinction from Resisting an Officer with Violence, which entails more severe penalties.
Penalties for Resisting an Officer Without Violence in Florida
|Resisting an Officer Without Violence
||Up to 1 year in jail or 1 year of probation, and a $1,000 fine
Fighting a Charge of Resisting an Officer Without Violence
Contesting a charge of Resisting an Officer Without Violence could involve several legal defense strategies. For example, if the officer was acting unlawfully or the accused was unaware of the officer’s status, such defenses could be used. It is also possible to present evidence indicating constitutional rights violations or lack of evidence supporting the charge. Lastly, an alibi can be a powerful defense. Leppard Law is proficient in exploring and leveraging such defenses to challenge the State’s case or demonstrate your innocence.
Frequently Asked Questions
1. What is the difference between Resisting an Officer With and Without Violence?
Resisting an Officer Without Violence involves obstruction of an officer without causing harm or threat, while Resisting an Officer With Violence involves the use of force or threat.
2. What is the potential sentence for Resisting an Officer Without Violence in Florida?
In Florida, Resisting an Officer Without Violence is a first-degree misdemeanor, punishable by up to 1 year in jail or probation and a fine of up to $1,000.
3. What defenses can be used in a charge of Resisting an Officer Without Violence?
Common defenses include showing the officer was acting unlawfully, the accused was unaware of the officer’s status, lack of evidence supporting the charge, violations of constitutional rights, or the presence of an alibi.
4. How can Leppard Law help me if I’m charged with Resisting an Officer Without Violence?
Leppard Law can provide an aggressive defense, leveraging various legal strategies, including demonstrating constitutional rights violations, lack of evidence, or the existence of an alibi, to challenge the State’s case or prove your innocence.
5. How can I contact Leppard Law for a free consultation?
You can reach Leppard Law at 407-476-4111 for a free consultation regarding your case.
Contact Us for Criminal Defense
If you’re facing charges of Resisting an Officer Without Violence in Orlando, it is crucial to secure legal support promptly. Leppard Law, a renowned Criminal Defense firm, can offer an aggressive and detailed legal defense. Reach us at 407-476-4111 for a free consultation.