Resisting Arrest - Criminal Defense Attorney
Orlando Criminal Law Lawyer, providing Resisting Arrest and Criminal Defense Attorney Legal Services in Orlando, Winter Park, Maitland, Orange County, Seminole County, Osceola County, and Central Florida area.
Call 407.841.9051 today to schedule a confidential legal consultation with Resisting Arrest and Criminal Defense Attorney, Adam B. Reiss.
Resisting Arrest can be charged in two forms. Resisting Arrest with Violence, and Resisting Arrest without Violence. While both are clearly defined, they are often applied with a great deal of subjective interpretation by law enforcement.
Resisting Arrest without violence: A misdemeanor of the first degree, punishable by up to a $1,000 fine, twelve (12) months probation, one (1) year jail.
The subjective nature of resisting arrest without violence could mean simply that an officer says you are under arrest and you ask the officer why you are under arrest in a tone that they do not like.
No, this is not how the statute was intended, but a potential year in jail sure is a good way to get you to plead to a lessor charge, because even if you are found not guilty of the crime you were accused of, the resisting arrest without violence charge may still be hanging over your head.
Resisting Arrest with violence:
Resisting Arrest with violence, while still has the potential of being subjective, is more clearly defined as a criminal offense. An individual has committed Resisting Arrest with Violence if:
- The defendant knowingly and willfully resisted, obstructed, or opposed the alleged victim by offering to do violence to him/her or doing violence towards him/her;
- At the time, the alleged victim was engaged in the execution of legal process or lawful execution of a legal duty;
- At the time, the alleged victim was an officer or person legally authorized to execute legal process;
- At the time, the defendant knew the alleged victim was an officer or person legally authorized to execute legal process.
If you have been arrested and a Resisting Arrest charge has been added to the charges against you, remember, you do have rights, and their are legitimate defense strategies that may be available to you regarding a Resisting Arrest criminal charge.
Attorney Adam B. Reiss will listen to your story, examine all of the evidence against you, inform you of how the law applies to your specific case, and inform you of what your rights are, in addition to what the best possible defense strategies may be in your case.
Be proactive in protecting your legal rights. Speak to Criminal Defense Lawyer, Adam B. Reiss.
Call 407.841.9051 today to about your Resisting Arrest and Criminal Defense Legal Needs.