No one wants to be arrested, and many people’s first instinct is to resist. However, resisting arrest with violence is a criminal offense in itself and could complicate your case. Were you charged with resisting arrest with violence in Fort Lauderdale, FL? An experienced criminal defense lawyer can help you determine how to proceed.
Understand Your Charges and Potential Penalties
Resisting arrest with violence is a third-degree felony under Florida law. It involves knowingly and willfully resisting, opposing, or obstructing a law enforcement officer by committing a violent act against them. The officer may have been trying to arrest you or fulfill their duties in some other way.
As a third-degree felony, resisting arrest with violence comes with these potential penalties:
- Up to five years in prison or probation
- Up to $5,000 in fines
Short prison sentences of three to six months are common for those without criminal histories. These penalties are in addition to any other penalties you may face for the charges the officer originally arrested you for.
Hire an Experienced Defense Attorney
Never face criminal charges alone. A qualified defense attorney in Fort Lauderdale can help you navigate your charges and build a defense. They can prevent you from harming your case by saying the wrong thing.
Your attorney should specifically have experience defending “resisting an officer with violence” charges. They should be licensed to practice in Fort Lauderdale and have a track record of successfully representing criminal defendants.
Explore Possible Defenses
Your lawyer will help you determine whether to plead “not guilty” or “guilty” after you were charged with resisting arrest with violence. A guilty plea could leave you with more manageable penalties if the evidence is stacked against you.
If you and your attorney decide to plead “not guilty,” they must present a legal defense explaining your actions or defending the charges. Your attorney will explore all of these possible defenses:
- You were not “violent” under Florida’s definition of the statute.
- You did not know that the person arresting you was a law enforcement officer.
- Your actions were not willful or knowing; you acted unintentionally in response to the officer’s interactions with you.
- The officer used excessive force, and your actions were necessary to repel them.
- The officer was not acting within their legal duty.
You and your attorney must gather evidence proving any defenses you decide to use in your case. This evidence may include photos or videos of the arrest, an examination of previous cases involving resisting arrest with violence, and references to the legal statute defining this charge.
Heed Your Attorney’s Advice
Listen to your attorney’s advice while you await your hearing or trial. They may advise you to stay off social media, avoid communicating with certain people, and prepare for your court date. They may want to meet with you several times to discuss your case and develop your defense.
Your lawyer is on your side and will do everything in their power to represent you well. Trust their advice to help improve your chances of successfully defending your charges.
Contact Michael White, P.A., Today
If you were charged with resisting arrest with violence in Fort Lauderdale, our criminal defense lawyer can help. Michael White, P.A., has represented numerous defendants facing these charges. His experience working as a prosecutor for the State Attorney’s Office helps him explore all possible defenses and represent clients fairly.
Contact Michael White, P.A., today at 954-270-0769 to schedule a consultation in Fort Lauderdale and learn more about your rights moving forward.
