Resisting an Officer with Violence in Florida
It is unlawful to resist a person known to be a law enforcement officer with force.
The crime of Resisting an Officer with Violence imposes heightened penalties on civilians who violently resist officers carrying out their public duties and is vigorously prosecuted by the State of Florida.
Importantly, unlike the crime of Resisting an Officer Without Violence, it is not a defense that an officer’s arrest was subsequently determined to be unlawful.
Definition of Resisting Officer with Violence
Under Florida Statute 843.01, the crime of Resisting Officer with Violence is committed when a person knowingly and willfully resists, obstructs, or opposes a law enforcement officer by threatening violence or engaging in violent conduct against the law enforcement officer was engaged in the lawful execution of a legal duty.
Law Enforcement Officer
The term law enforcement officer includes a police officer, deputy sheriff, correctional officer, probation officer, or a person legally authorized to execute process (i.e. subpoenas or warrants).
Penalties for Resisting Officer with Violence
The crime of Resisting an Officer with Violence is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.
Resisting an Officer with Violence is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Resisting an Officer with Violence to probation, but may also impose a sentence up to the statutory maximum of five (5) years in prison.
Defenses to Resisting Officer with Violence
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Resisting Officer with Violence are:
On The Job
A conviction for Resisting an Officer with Violence requires proof that the officer was “engaged in the performance of a lawful duty when the resisting occurred,” not just “on the job.” [1]
This requirement means that even if a uniformed law enforcement officer is working off duty for a bar, convenience store, as mall security, or for any private employer, they are merely “on the job” for the private employer and are not afforded enhanced protection under the statute. [2]
However, if while working for a private employer, they become engaged in “activities of an official police nature,” such as breaking up a fight, escorting a trespasser of the premises, or arresting someone, a person who then batters the officer is subject to being convicted of Battery on a Law Enforcement Officer.
Self Defense
While a person cannot use violence to resist an arrest, even an unlawful arrest, a person may use reasonable force to resist the use of excessive force conducted during the arrest.
However, apart from an arrest scenario, a person is authorized to use reasonable force to defend themselves against other unlawful actions committed by law enforcement officers. [3]
Examples of unlawful actions that a person may defend against are:
- Unlawfully entering a private home;
- Unlawfully frisking a person; or
- Unlawfully detaining someone.
Nevertheless, regardless of whether an officer is engaged in unlawful activity, a person who uses force against an officer does so at his own risk; as the State Attorney’s Office will usually err on the side of the law enforcement officer when filing charges.
Excessive Force
If an officer uses excessive force when making an arrest, a person is justified in the use of reasonable force to defend himself or herself.
Additionally, the danger of excessive force or police brutality need not have been actual to justify a self-defense claim. In such instances, you are allowed to defend yourself if the appearance of excessive force or police brutality appeared to be imminent.
However, a person can only defend themselves to the extent reasonably believed that such force was necessary. And the determination of whether the resistance with violence was justified is based upon the circumstances at the time.
Officer’s Status Unknown
While a person is not justified in using force to resist a police officer who is “known, or reasonably appears to be a law enforcement officer.” A person accused of Battery on Law Enforcement Officer must have reason to know that the “victim” was actually an officer and not someone impersonating an officer. [4]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Resisting an Officer with Violence in Central Florida or the Greater Orlando area, 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.