Resisting Officer Without Violence in Florida
It is legal to passively resist an improper or illegal arrest...
In Florida, the crime of Resisting an Officer Without Violence imposes heightened penalties on civilians who passively resist, obstruct, or oppose officers carrying out their legal duties.
Definition of Resisting Officer Without Violence
Under Florida Statute 843.02, the crime of Resisting an Officer Without Violence is committed when a person knowingly and willfully resists, obstructs, or opposes a law enforcement officer engaged in the lawful execution of a legal duty or while serving legal process.
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 Without Violence
The crime of Resisting Officer Without Violence is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and $1,000 in fines.
A judge may sentence a person convicted of Resisting Officer Without Violence to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Defenses to Resisting Officer Without 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 Without Violence are:
Excessive Force
A person is justified in the use of reasonable force to defend one’s self against an officer who uses excessive force to make an arrest or engages in police brutality. [1]
However, a person can only engage in self defense to the extent reasonably believed to be necessary. And the determination of whether the self defense was justified is based upon the circumstances at the time.
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.
Officer’s Status Unknown
While a person may not use force to resist a police officer who is “known, or reasonably appears, to be a law enforcement officer.” A person accused of Resisting Officer Without Violence must have reason to know the “law enforcement officer” was actually an officer and not someone impersonating an officer. [2]
Protected Speech
A person’s words alone will rarely, if ever, rise to the level of Resisting Officer Without Violence. Rather the words must usually be accompanied by obstructive physical conduct to support a conviction for Resisting Officer Without Violence. [3]
Unlawful Arrest
It is legal to passively resist an unlawful arrest, detention, or investigation. And the burden of demonstrating that the arrest was lawful falls upon the State.
Lawful Arrest
A lawful arrest is an arrest that is supported by probable cause. Probable cause exists where the facts and circumstances within the officer’s knowledge are reasonable trustworthy and sufficient to warrant a reasonably cautious belief that an offense has been committed.
Lawful Investigation
A lawful investigation requires that the investigating officer have an articulable, reasonable suspicion that a person had committed, was committing, or was about to commit a crime before detaining the person to investigate the crime.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Resisting Officer Without 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.