If you have been arrested, chances are you are angry and frustrated. If you attempt to resist or obstruct a law enforcement officer during the arrest, you may be charged with resisting an officer or resisting arrest. This charge is often tacked on to other criminal charges, making the potential penalties more severe. Additionally, the charge can be proven solely through the words and testimony of the law enforcement officer, making it a difficult charge to argue against. If you or someone you know has been charged with resisting an officer with or without violence, contact an aggressive criminal defense attorney in Bradenton at Pallegar Law, P.A. Our goal is to reduce or dismiss the charges against you and resolve the case with the best possible outcome.
Resisting an Officer Without ViolenceIn Bradenton, it is a crime to “resist, obstruct, or oppose” any officer who is lawfully doing their duty. Because of the vague wording of this law, there are many possible interpretations of what “resisting” is. For example: not obeying commands, refusing to stand or sit, refusing to put your hands behind your back, tensing your arms while being handcuffed, giving false information, or concealing evidence are all actions that can lead to a charge of resisting without violence. Most of the time, words alone are not enough to constitute a charge of this kind. However, there are exceptions to this.
For example, if you are observed committing a crime and a friend warns you that the police are coming, this may be considered resisting if you escape in time and the officer is prevented from making an arrest. Another example is if you brace or tense during the arrest hindering the officer making the arrest ability to his or her job.
A charge of resisting without violence is a first-degree misdemeanor, and a conviction can result in one year in jail and a fine of $1,000. For those with extensive criminal histories or aggravating circumstances, the penalties for this charge can be severe. If you have been charged with resisting without violence, contact an experienced criminal defense attorney in Bradenton, Florida at Pallegar Law, P.A. to fight the charges. If you are a first-time offender, it is very important that you contact an attorney to avoid a permanent criminal record.
Resisting an Officer With ViolenceIt is illegal to resist or obstruct a law enforcement officer by using or threatening to use violence against them. This is a serious crime and carries with it severe penalties. The charge is classified as a third-degree felony and can result in five years in prison and a fine of $5,000. Even if there are no serious injuries and there was no weapon used, a conviction can easily result in prison time. Depending on the circumstances and other charges you may have, the penalties can be quite harsh.
If you or someone you know has been charged with resisting a law enforcement office or resisting arrest, with or without violence, contact a knowledgeable criminal defense attorney in the Bradenton/Sarasota area to fight the charges and explore your options. Call Pallegar Law, P.A. today at 941-893-5816 for help.