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Fort Myers Criminal Defense Lawyer / Cape Coral Resisting Arrest Lawyer

Cape Coral Resisting Arrest Defense Lawyers

Foley & Wilson Law Firm is your trusted partner in navigating the complexities of criminal law in Cape Coral, Florida. Our highly credentialed legal team, comprised of former prosecutors and veteran defense attorneys with over 45 years of experience in Florida criminal law, is committed to providing you with the highest level of professional representation. Our mission is to treat clients with the dignity and respect they deserve while delivering a high degree of skill and expertise to those facing serious allegations, including resisting arrest with or without force. Contact our experienced Cape Coral resisting arrest defense lawyers today.

Resisting Arrest in Florida

Resisting arrest is a legal offense that can have serious consequences under Florida law. Florida Statutes 843.01 and 843.02 define the crime of resisting arrest in Florida, with distinct penalties if convicted depending on whether the act occurred with or without violence.

To secure a conviction for resisting arrest in Florida, the prosecution must prove certain elements of the crime beyond a reasonable doubt. These elements typically include:

  1. Willful and Knowing Resistance: The defendant must have willfully and knowingly resisted, obstructed, or opposed a law enforcement officer in the performance of their duties. This resistance can take various forms, such as physical resistance, attempting to flee, or providing false identification.
  2. Knowledge of Law Enforcement Status: The defendant must have known that the individual they were resisting, obstructing, or opposing was, in fact, a law enforcement officer engaged in their official duties.

The penalties for resisting arrest in Florida can be severe, and they may vary depending on the circumstances of the offense. Generally, resisting arrest is classified as a first-degree misdemeanor, punishable by up to one year in jail and a fine not exceeding $1,000. However, if the defendant’s resistance involves the use or threat of violence against the law enforcement officer, it can be elevated to a third-degree felony, leading to more severe consequences, including up to five years in prison and a fine not exceeding $5,000.

Possible Defenses to Resisting Arrest in Cape Coral

At Foley & Wilson Law Firm, we understand that every case is unique, and our legal team is dedicated to exploring all potential defenses to protect your rights and achieve the best possible outcome. While the specific defenses available will depend on the circumstances of your case, some common defenses in resisting arrest cases may include:

  1. Lack of Knowledge: If the defendant was unaware that the individual they resisted was a law enforcement officer in the course of their duties, it may be a viable defense.
  2. Lack of Willfulness: If the resistance was accidental or not willful, it could serve as a defense.
  3. Excessive Force: The law enforcement officer’s use of excessive force or violation of the defendant’s constitutional rights during the arrest could lead to a valid defense.
  4. Mistaken Identity: If the defendant can demonstrate that they were mistakenly identified as the perpetrator, this fact may provide a defense against the charges.
  5. Self-Defense: In certain situations, if the defendant believed they were in danger and acted in self-defense, it could be a valid defense.

Trust in Foley & Wilson Law Firm for Defense Against Resisting Arrest in Cape Coral

When facing allegations of resisting arrest in Cape Coral, Florida, you need experienced legal representation that understands the nuances of the law. At Foley & Wilson Law Firm, our team of former prosecutors possesses a deep understanding of the criminal justice system, and we are committed to protecting your rights and pursuing the best possible outcome for your case.

Contact us today for a no-cost, confidential consultation. Our professional, boutique practice is dedicated to treating you with the respect and dignity you deserve while providing the highest level of skill and expertise to help you navigate the legal challenges ahead. Let us be your trusted advocates in your time of need.

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