If you have been charged with or arrested for Resisting Arrest in Delray Beach, Florida, contact a criminal defense attorney before making any statements to officers. The actual charge of Resisting Arrest without Violence is so imprecisely defined that Delray Beach Police Officers and Palm Beach County Sheriff Deputies have the freedom to charge people with much discretion.
Resisting Arrest without Violence is Chiefly Defined as Follows:
Whoever shall “resist, obstruct, or oppose” any police officer, member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree. Florida Statutes Section 843.02.
The Problem with the Language in Florida’s Resisting Arrest without Violence Statute
The Florida law fundamentally outlaws people from obstructing an officer from performing a legal duty, such as arresting someone, in any way. This is the only definition of offense that Florida Law provides. The vagueness of the wording of the law has led to the unnecessary arrest of probably thousands. If a person was falsely accused of a crime and that person says to a Delray Beach police officer “You are arresting the wrong person, I wasn’t even in Delray Beach at the time of the crime!” The Delray Beach police officer can then use the statute to arrest that person and cite that the person
Penalties in Delray Beach for Resisting Arrest Without Violence
Resisting Arrest without Violence is a first-degree misdemeanor. A person convicted of this offense could spend up to one year in jail and a $1,000 fine. In most cases, however, resisting arrest is a secondary charge. The person convicted of Resisting Arrest without violence will also face the penalties of the primary charge as well.
If you have been charged with or arrested for Resisting Arrest in Delray Beach, contact our lead criminal defense attorney, Christian Van Riper, a former felony prosecutor, day or night 7 days/week. Our attorneys charge no consultation fee and also offer payment plans. Our Delray Beach criminal lawyers are available by phone at 561-948-5588 at any time. Our attorneys fight hard for our clients and are known for outworking opposing lawyers.