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Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / Defenses to Resisting Arrest in Fort Myers

Defenses to Resisting Arrest in Fort Myers


Resisting arrest is a serious offense in Florida, and it may lead to a third degree felony. However, penalties are far from guaranteed – and you can strive for positive outcomes with effective defense strategies. The most appropriate defense strategy depends on your specific situation, and it may be advisable to discuss these circumstances alongside a qualified defense attorney in Fort Myers.

Your Arrest Was Unlawful 

One potential defense strategy might be to argue that the arrest was unlawful. In Florida, the Fourth Amendment of the United States protects citizens against unreasonable searches and seizures. It has long been established that an arrest is a type of seizure. In order to initiate a lawful arrest, the officer in question must have probable cause. This lack of probable cause can form the basis of an effective defense strategy.

For example, police might attempt to arrest you in Fort Myers with no reason to suspect that you have committed a crime. They may simply have a “hunch” that you are carrying drugs, or that you have just committed a robbery. This would not satisfy probable cause requirements, and any attempt to arrest you would be unlawful under the Constitution. As such, you may be justified in resisting arrest in a non-violent manner – such as running away.

 Excessive Force 

Another common defense to resisting arrest charges is excessive force. An arrest may be unlawful if police use excessive force. This is technically a crime, and so the police officer in question is no longer operating within the confines of the law when they use excessive force. As such, you may be justified in resisting arrest – especially if you are attempting to protect yourself from permanent injury or even death.

For example, you might have suffered a serious head injury after being struck by a police baton. Even after lying on the ground, a police officer might have continued to strike you. In this situation, you may be legally justified in running away to prevent permanent brain injury or death.

 Lack of Intent 

If you never intended to resist arrest, you cannot be convicted of this crime. You might not have been aware that you were interacting with police officers – and undercover officers may have failed to present their badges. You might also have been unaware that you were being placed under arrest, and the officer might not have informed you of any crime you were alleged to have committed.

Find a Qualified, Experienced Defense Attorney in Fort Myers 

If you have been searching for a qualified, experienced Fort Myers criminal defense attorney, look no further than Foley & Wilson. With our help, you can determine the most appropriate defense strategy after being charged with resisting arrest. While there are many possibilities, the path toward positive results depends entirely on your unique circumstances. Reach out today to discuss your next steps in further detail.



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