Miami Resisting Arrest Lawyer

Also Serving Clients in Fort Lauderdale

Whether it occurred during a DUI or under some other circumstances, resisting arrest is inexcusable in the eyes of the law. This type of offense is taken seriously by law enforcement and can lead to a serious mark on your criminal record. If you were arrested for a crime and charged with resisting arrest in Florida, you could be facing tough penalties. The Miami resisting arrest lawyer at The Hoffman Firm can help you fight the charges and protect yourself from a conviction.

If you are in Miami, call 305-249-0090 now or contact our firm online for a free consultation about how to proceed with your case. If you are in Broward County call 954-524-4474.

What Qualifies as Resisting Arrest in Florida?

Florida code 843.02 describes resisting arrest as resisting, obstructing, or opposing any of the following individuals:

• A law enforcement or other arresting officer
• A member of the Parole Commission or any administrative aide or supervisor employed by the commission
• A county probation officer or parole and probation supervisor
• Personnel or representative of the Department of Law Enforcement
• Any other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty

Penalties for Resisting Officer without Violence

Resisting an officer without violence is classified as a first degree misdemeanor in Florida.

Those convicted as a first-time offender would be facing the following penalties:

• Up to a year in jail
• A minimum sentence of probation or a fine

Penalties for Resisting Arrest with Violence

Resisting arrest with violence is considered a third degree felony and is assigned a level 5 offense severity ranking under Florida’s Criminal Punishment Code.

For those convicted of this offense, a judge can impose any combination of the following penalties:

• Up to 5 years in prison
• Up to five 5 years of probation
• Up to $5,000 in fines

Because the two are separate offenses, resisting arrest penalties are given in addition to other criminal penalties for which the person was originally being arrested if convicted. They can be given even if the person is not convicted of the original crime.

Call Now for Your Free Consultation

Resisting arrest is a very serious charge, and it is important to seek help from a skilled defense attorney like Evan Hoffman if you have been charged. Don’t wait until you are facing a judge to begin building a strong defense.

Call 305-249-0090 if your case is out of Miami, 954-524-4474 if your case is out of Broward County, now to meet with us during a free consultation. Serving clients in Miami and Fort Lauderdale.