Defending Your Rights
Resisting an Officer
Police officers in Jacksonville, Clay County, and Nassau County are very powerful. Not only can they take away your liberty, they can harm you if they deem you “resisted” them. It is a crime in Florida to resist a police officer, with or without violence.
Our Jacksonville Criminal Attorney has represented hundreds of people who have been charged with resisting an officer in Florida. Most of the time, the only witness to the “resisting” is the officer himself or herself. It is very easy to be arrested for resisting an officer because just talking can be deemed resisting. Officers commonly arrest people for resisting to justify injuries the officer caused to the suspect. If you were taken to the ground, pulled out of your vehicle, or visibly injured in any way by the police, there is a good chance you will be facing some kind of resisting charge.
If you resist, obstruct, or oppose any officer in the execution of a legal duty, you can be arrested in Florida. If you touch the police officer while resisting, you can be arrested for felony Resisting an Officer With Violence. This Florida crime is a third degree felony punishable by up to five years in prison. If you oppose an officer with no violence, the resisting crime is a first degree misdemeanor punishable by up to one year in jail.
It is important to consult with a Jacksonville Criminal Attorney if you have been arrested for resisting an officer. The Mussallem Law Firm, P.A. investigates the police officer involved to find out if they have cited for any prior misconduct while on the job. Certain officers have the reputation for ruffing up citizens and that reputation is relevant to your criminal charges. Many times, there are other witnesses to the altercation that are not police officers. Their names usually are not written in the police report because the police do not speak to them. Independent witness testimony can bring a whole new perspective to resisting cases.
The State Attorney's Office takes these cases very seriously, both the misdemeanor and felony versions. Before disposing of any of these resisting cases, the prosecutor has to consult with the officer. It is crucial for you to have someone representing your side. Call our Jacksonville Resisting Attorney at (904) 365-5200 today for a Free Consultation. We are available 24 hours a day, 7 days a week.