Disobeying a Lawful Order of Police Officer in Florida
It is unlawful to disobey a police officer.
The crime of Disobeying a Lawful Order of Police Officer imposes heightened penalties on civilians who disobey lawfully given orders of law enforcement officers.
Definition of Disobeying a Lawful Order of Police Officer
Under Florida Statute 316.072(3), the crime of Disobeying a Lawful Order of Police is committed when a person willfully fails or refuses to comply with the lawful order or direction of a police officer while operating a vehicle or bicycle or while walking on a public road. [1]
Police Officer
The term police officer includes a municipal police officer or deputy sheriff or state trooper, a traffic crash investigation officer, a traffic infraction enforcement officer, or any member of the fire department at the scene of a fire, rescue operation, or other emergency.
Penalties for Disobeying a Lawful Order of Police Officer
The crime of Disobeying a Lawful Order of a Police Officer is a Second Degree Misdemeanor in Florida and punishable by up to sixty (60) days in jail, six (6) months of probation, and a $500 fine.
A judge may sentence a person convicted of Disobeying a Lawful Order of a Police Officer to probation, but may also impose a sentence up to the statutory maximum of sixty days in jail.
Defenses to Disobeying a Lawful Order of Police Officer
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Disobeying a Lawful Order of Police Officer are:
Officer’s Status Unknown
A person accused of Disobeying a Lawful Order of Police must have had reason to know that the law enforcement officer was legitimately a law enforcement officer and not someone impersonating an officer.
Protected Speech
A person’s words alone will rarely, if ever, rise to the level of Disobeying a Lawful Order of Police. Rather the words must usually be accompanied by obstructive physical conduct to support a conviction for Disobeying a Lawful Order of Police. [2]
Unlawful Order
It is legal to disobey an unlawful order. And the burden of demonstrating that the order was lawful falls upon the State.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Disobeying a Lawful Order of Police Officer in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.