What “Counts” as Resisting Arrest in Punta Gorda?

A police interaction can be a frightening event, and many people panic when they face the possibility of arrest. Despite your best efforts to remain calm, you might have resisted as police took you into custody. Could you face additional charges for resisting arrest in Punta Gorda? What “counts” as resistance in this scenario? These topics might be worth exploring alongside a defense attorney as you explore potential strategies.

Resisting Arrest Can Be Nonviolent

First, it is important to understand that you can face charges of resisting arrest even if you never became violent toward a police officer. Even if you never became physical during the police interaction, you could still face a first-degree misdemeanor, up to 12 months of jail time or probation, and a fine of up to $1,000.

How Can Resisting Arrest Be Nonviolent?

You can resist arrest without becoming violent in many ways. One example is interfering with a police officer’s official duties by providing false information. For example, you might have stated that your name was John when it was actually Charles. Perhaps you told officers that the real suspect ran down the street in an effort to draw attention away from yourself. These might be “mere words,” but they can lead to charges of resisting arrest in Florida.

You might also run away, and this is perhaps one of the most common reasons for resisting arrest charges in Florida. Just like fleeing in a vehicle, fleeing on foot is also illegal if the police officer pursuing you had a legal reason to apprehend you. You might also face resisting arrest charges if you attempt to flee on foot after being arrested and handcuffed.

General uncooperative behavior could also rise to the level of resistance in many situations. For example, officers might repeatedly tell you to place your hands where they can see them. They might also tell you to stop engaging in unlawful behavior, such as “tagging” a wall with graffiti. If you do not comply with these commands and continue your unlawful behavior with no regard for law enforcement, you could face additional charges of resisting arrest.

I Never Intended to Resist. Can I Avoid Charges?

Intent is not an element of nonviolent resisting arrest in Florida. In other words, the court can convict you even if you claim that your behavior was accidental. That being said, you may be able to argue that your behavior does not qualify as “opposing, obstructing, or resisting” according to Florida law. You could also push back against these charges if the police officer in question never had the legal authority to arrest you in the first place.

Can a Punta Gorda Defense Attorney Help With Resisting Arrest Charges? 

A Punta Gorda defense attorney may be able to help if you face charges of resisting arrest. While the criminal court may classify various actions and behaviors as “resisting arrest,” there is considerable room for interpretation in these situations. Your lawyer may be able to argue that you were not resisting, and this may lead to reduced legal penalties. Contact The Foley & Wilson Law Firm for more answers.

Source:

 leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0843/Sections/0843.02.html