Providing Assertive Legal Defense for Resisting Arrest Charges
Attorney Isadore Hyde possesses the extensive legal experience, having handled thousands of cases in both the state and federal courts over a span of two decades. Before assisting individuals in his private practice, Isadore Hyde worked as an assistant state’s attorney, prosecuting DUIs, drug offenses, and other criminal matters. His unique experience working on both sides of the fence gives him an advantage many other attorneys in the field do not have. He knows how prosecutors handle cases and utilize such knowledge to help his clients.
Resisting Arrest Misdemeanors in Florida
Misdemeanor resisting arrest might include actions such as running and hiding from a law enforcement officer. In contrast, felony resisting arrest requires that a person would act violently toward the arresting officer or threaten to act impulsively. In a felony resisting arrest, the prosecutor must produce evidence of the offense such as:
- The defendant intentionally resisted or obstructed a law enforcement officer
- The defendant acted violently toward the law enforcement officer or threatened to act violently. Even if the defendant threat to strike an officer with an object in the defendant’s hand, this will be considered a felony resisting arrest charge.
- The law officer was properly engaging in the performance of official duties.
Resisting Without Violence
Resisting without violence is a first-degree misdemeanor, with penalties of up to one year in jail or twelve months’ probation and a $1,000 fine. Examples of resisting may be:
- Tensing arms while being handcuffed
- Not obeying lawful verbal commands
- Refusing to sit down
- Refusing to be handcuffed or otherwise evading handcuffs
- Concealing evidence
- Refusing to leave an area when required
- Evading police when there is reasonable suspicion of criminal wrongdoing
- Interfering with an active police investigation
For many first-time offenders, a conviction for Resisting Without Violence will result in a permanent criminal record and a term of probation. If there are aggravating circumstances in a case, such as highly disrespectful conduct, a prosecutor may seek jail, even for first-time offenders. Extended jail time is possible for individuals with extensive criminal histories. Once charged, a defendant must either take the risk of litigation or accept the allegations and enter a plea.
Resisting Arrest Defenses
The alleged offender needs to have a knowledgeable attorney who can thoroughly investigate the arrest and use arguments that may include:
- The alleged offender did not knowingly and willfully resist, obstruct, or oppose the arrest
- The alleged offender used self-defense against an officer’s unreasonable use of excessive force
- The alleged offender was unaware of the individual he or she was resisting was an officer
- Alleged offender’s actions did not constitute an offering or doing violence
- False allegations
- Unlawful arrest
Get in Touch with a Lake Mary Criminal Attorney Today
If you were charged with resisting an officer in Lake Mary and surrounding areas of Central Florida, you should seek legal representation as soon as possible. Seeking legal counsel will ensure the court can hear your side of the case.
Contact The Law Office of Isadore Hyde, P.A., a criminal defense attorney, to discuss your legal situation.