Resisting Arrest Defense Lawyer

Dedicated And Knowledgeable Attorney for Resisting Arrest in Florida

Have you been charged with resisting arrest? If yes, you need help from a qualified resisting arrest defense lawyer in Tampa immediately. Although it may not sound like it, resisting arrest is a serious crime with steep penalties. Without a solid defense against such allegations, you’re at high risk of a conviction with life-altering consequences.

The offense of resisting arrest happens when a person intentionally prevents a law enforcement officer from lawfully carrying out a legal duty. Also known as obstruction, this crime is one of the most common excuses the police give for taking individuals into custody.

Fortunately, there are various defenses against resisting arrest that you can leverage to get your charges dropped or dismissed. The surest way to know what applies to your situation is by consulting with a competent resisting arrest lawyer.

 

What Is Considered Resisting Arrest in Tampa?

Find Out Whether or Not You Resisted an Arrest in Florida

Contrary to popular belief, the offense of resisting arrest doesn’t only happen when you try to flee from law enforcement. Instead, it refers to a variety of untoward or inappropriate behaviors during an arrest that may also include:

• Lying or providing false information to the law enforcement officer
• Physically or verbally threatening the police officer
• Refusing to be handcuffed
• Disobeying a police officer’s order to leave a property or area
• Refusing to sit or stand when requested
• Being a “lookout” for someone else to prevent them from being arrested as they commit a crime
• Refusing to put your hands behind your back
• Any act of violence against an officer while avoiding restraint.

 

What Are The Consequences of Resisting Arrest?

Penalties for Resisting Arrest in Florida

The consequences of resisting arrest in Florida depend on whether the interference was violent. While resisting arrest without violence is a first-degree misdemeanor, resisting arrest with violence is a third-degree felony that carries harsher penalties.

In the first instance, you’re at risk of spending up to a year in prison and paying a $1,000 fine. On the other hand, resisting arrest with violence can land you in jail for up to 5 years. It also carries a penalty of up to 5 years of probation and a fine of $5,000.

Note that prosecutors typically aim to convince the court to impose the maximum sentences, especially when violence is involved. The best way to protect yourself against such unpleasant outcomes is by not hesitating to reach out to our aggressive legal team.

Are There Any Defenses to Resisting Arrest Charges in Florida?

How to Fight A Florida Resisting Arrest Charge

Yes, as with many other offenses, there are potential legal arguments against a resisting arrest charge. They include:

An Outright Denial 

One of the strongest defenses to a charge of resisting arrest is proving that nothing of the sort happened. This is the typical approach when the prosecution doesn’t have enough evidence to support their claims. It’s also a solid defense in cases where the officer mistook an involuntary action, possibly in response to pain, for resistance.

Not Knowing The Officer’s Status 

To be convicted for resisting arrest, you must have known that the victim was a law enforcement officer at the time. If, for some reason, you had no idea of the officer’s status, you’re not obliged to obey their orders. A good example is when an ununiformed police officer refuses to identify themselves.

Unlawful Arrest 

When it comes to a resisting arrest charge, the validity of the arrest matters. So, if the officer was arresting you unlawfully, you’re permitted to resist the arrest without violence.

What Will My Resisting Arrest Lawyer in Tampa Do for Me?

We’ll Stand by You Every Step of The Way

Contact our legal team to perform these essential functions on your behalf:

• Investigate your case to discover hidden facts
• Gather evidence in your favor
• Develop a strong defense strategy against your resisting arrest charge
• Provide legal advice and answer any questions you may have
• Aggressively represent your interests in court.

 

Common Questions Clients Ask Regarding Resisting Arrest

Our Caring Resisting Arrest Attorneys in Tampa Respond to Your Pressing Concerns

Interfering with a police officer’s lawful execution of a legal duty is an often misunderstood crime. So, there are lots of gray areas that you may wish to have some insight into. We’re always happy to answer any questions you may have about your case, including these frequently asked ones:

Why Should I Choose Taracks & Associates?

Our legal team at Taracks & Associates comprises seasoned professionals with an impressive track record of successfully handling cases like yours. With a former prosecutor who has led numerous jury trials on our team, we understand how to win the court to your side.

What Happens if the Prosecution Has Enough Evidence to Prove Their Case?

If the prosecution can prove their case with sufficient evidence, we may help you avoid a conviction through a pre-trial diversion program. A pre-trial diversion program is an alternative to a criminal trial that can get your charges dismissed when successful. Our attorneys will review your case to determine if you qualify for this program.

What If The Person Attempting to Arrest Me Wasn’t A Police Officer? 

A police officer is only one of the many law enforcement officers who can legally effect an arrest in Florida. Others include county probation officers, parole supervisors, and members of the Florida Commission on Offender Review. You may be charged for resisting arrest if the victim is legally authorized to make an arrest, even if they aren’t police officers.

What Should I Do Immediately After An Arrest for Resisting Arrest?

It’s important to comply with the arresting officer’s instructions and state that you aren’t resisting arrest. Also, let the arresting officer know that you wish to exercise your right to remain silent. Be sure not to answer any questions until your resisting arrest attorney arrives.

At Taracks & Associates, we believe in providing our clients with as many facts as they need to make well-informed choices. This is why we encourage you to dial us at 813-281-2897 if you need clarification in any area regarding your resisting arrest case. Someone is always at the other end of the phone to attend to all your concerns.

Need A Resisting Arrest Lawyer in Tampa? Contact Our Office Now.

Get Quality Legal Representation from A Top-Rated Attorney

An arrest can leave you nervous, intimidated, and unsure of what to do. That’s especially when it comes as a surprise and you know you aren’t guilty of any crime. In that tense moment, you may have acted out without thinking and found yourself slammed with a resisting arrest charge. While this is a sad situation, we want you to know that it’s not the end of the world.

At Taracks & Associates, we have successfully handled numerous resisting arrest cases, securing our clients’ freedom even in difficult situations. We hope to do the same for you. No matter how complex or hopeless your case is, we’ll work hard to achieve the best results for you.