Arrested for Resisting Arrest in Stuart Florida?
If you have been arrested for Resisting Arrest in Stuart, 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 Stuart police officers, and Martin County Sheriff Deputies, have the freedom to charge people with considerable discretion.
Resisting Arrest without Violence is Chiefly Defined as Follows:
Whoever shall “resist, obstruct, or oppose” any police officer…or another 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 Martin County Sheriff’s Deputy or Stuart police officer “You are arresting the wrong person, I wasn’t even in Martin County at the time of the crime!” The police officer or deputy may then use the Resisting Arrest without Violence statute to arrest that person. If you, or a loved one, has been charged with or arrested for resisting arrest in Stuart, Florida, a criminal defense attorney may be able to compel the state to dismiss the charges, depending on the facts and the evidence.
Penalties in Martin County 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 Stuart, 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 Martin County, FL criminal defense lawyers and Stuart DUI Defense lawyers are available by phone at 772-283-8712 at any time. Our attorneys fight hard for our clients and are known for outworking opposing lawyers.