Resisting or Obstructing an Officer Without Violence Attorney in Naples & Ft. Myers, Florida
What is Resisting or Obstructing an Officer Without Violence?
Resisting or Obstructing an Officer Without Violence is a criminal charge in the State of Florida which typically accompanies other charges. For example, during an arrest for DUI, if the person “tenses up” in an attempt to prevent the officer from applying handcuffs, the officer will likely add a separate charge of resisting. In the same scenario, if a passenger in the same vehicle were to purposely impede law enforcement’s ability to conduct the DUI investigation, the passenger could be arrested and charged with obstruction.
What are the penalties for Resisting or Obstructing Without Violence?
Resisting or Obstructing Without Violence is a first-degree (1st) misdemeanor punishable by up to one (1) year in jail or twelve (12) months probation and a $1000 fine, or a combination thereof. It is important to note that this charge is different than the felony offense of Resisting with Violence, which carries separate, more severe consequences.
What does the State have to prove to convict me of Resisting an Officer Without Violence?
According to Florida Standard Jury Instructions, to prove the crime of Resisting an Officer Without Violence, the State must prove the following four elements beyond a reasonable doubt:
1. That you either resisted, obstructed, or opposed an officer; and
2. That at the time, the officer was engaged in the execution of legal process or the lawful execution of a legal duty; and
3. That at the time, the officer was a law enforcement officer; and
4. At the time, you knew the officer was a law enforcement officer.
Defenses to Resisting or Obstructing Without Violence charges
There are numerous defenses to resisting or obstructing. Officers may exaggerate what they describe to be resisting and often times there is video evidence or witnesses that may refute the officer’s allegations. Some words or actions that officer’s may consider to be obstruction may in fact be protected forms of free speech and, therefore, do not constitute obstruction. Still another defense may be that the officer was not engaged in the lawful execution of a legal duty. Since a resisting charge often arises during an arrest or investigation for a separate crime, one defense may be that the officer lacked the reasonable suspicion or probable cause to either detain or arrest the individual in the first place. There are still many other potential defenses that may apply depending on the facts of the case.
Contact a Naples Resisting or Obstructing an Officer Without Violence Attorney
If you have been accused of Resisting or Obstructing Without Violence and would like to contact a Naples Criminal Defense Attorney, please call 239-775-1004. Consultations are absolutely free and completely confidential.
The Law Office of Verderamo & Nunez provides legal representation primarily in the fields of criminal law and personal injury law. While our offices are situated in Naples and Ft. Myers, Florida, we proudly represent clients throughout Collier and Lee Counties and their surrounding areas, including, but not limited to, Naples, Fort Myers, Bonita Springs, Estero, Cape Coral, Golden Gate, Immokalee, Lehigh, and Marco Island. The Law Office of Verderamo & Nunez is located at 2662 Airport Pulling Rd S Naples, FL 34112. For more information, call (239) 775-1004.