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Criminal Defense Lawyer in Orlando, FL

Resisting an Officer with Violence Lawyer in Orlando, FL

There are two types of charges relating to resisting an officer in Florida: resisting an officer without violence and resisting an officer with violence. Resisting an officer with violence is a more serious offense with more severe consequences. Since the penalties for this charge are more severe, it is even more crucial to contact a criminal defense attorney. The lawyers at Hanlon Law provide skillful and knowledgeable representation for those facing resisting an officer with violence charge. We have experience forming solid defense strategies in regard to the facts and circumstances surrounding your case. 


Definition of Resisting an Officer with Violence Charges 


In Florida, the crime of resisting an officer with violence is defined as intentionally resisting, obstructing, or opposing a law enforcement officer, firefighter, or emergency medical technician while they are performing their lawful duties, and the defendant uses violence or force. This crime is considered a third-degree felony under Florida Statute 843.01. To be convicted of resisting an officer with violence, the prosecution must prove the following elements beyond a reasonable doubt: 


  • The defendant knowingly resisted, obstructed, or opposed a law enforcement officer, firefighter, or emergency medical technician. 
  • The law enforcement officer, firefighter, or emergency medical technician was engaged in the performance of their lawful duties. 
  • The defendant used violence or force while resisting, obstructing, or opposing the officer. 


Penalties for Resisting an Officer with Violence 


A person convicted of resisting an officer with violence in Florida can face severe penalties, including imprisonment and significant fines. The maximum prison sentence for this crime is 5 years, and the minimum sentence is 3 years. In addition to imprisonment, a person convicted of this crime may also be required to pay a fine of up to $5,000. 


Defense Strategies to Resisting an Officer with Violence Charges 


If you have been charged with resisting an officer with violence, it is important to understand your legal rights and defenses. Some common defenses that may be raised in a case of this nature include the following: 


  • Lack of Knowledge: If the defendant did not know that the person they were resisting was a law enforcement officer, firefighter, or emergency medical technician, they might be able to avoid a conviction for resisting an officer with violence. 
  • Lack of Violence or Force: If the defendant did not use violence or force while resisting, obstructing, or opposing the officer, they cannot be convicted of resisting an officer with violence. 
  • Unlawful Arrest: If the arrest was illegal, the defendant might have a defense to the charges of resisting an officer with violence. 
  • Excessive Force: If the defendant used force only in response to excessive force used by the officer, they might have a defense to the charges of resisting an officer with violence. 


It is important to remember that these defenses are just a few examples of the types of defenses that may be raised in a case of this nature. Each case is unique, and the specific defenses available will depend on the circumstances of the case. The prosecution in your case will know the officer’s side of the story when determining whether to pursue charges and which charges to pursue. It is vital in your defense to the prosecution to clearly state your version of what happened early in the process. 


Discuss Your Case with a Criminal Defense Attorney in the Orlando Area 


Resisting an officer with violence is a severe crime in Florida. A conviction for this crime can result in significant penalties, including imprisonment and fines. If you have been charged with resisting an officer with violence, it is essential to understand your legal rights and defenses. An experienced criminal defense attorney can help you navigate the criminal justice system and protect your rights. The attorneys at Hanlon Law are committed to protecting the rights of the accused and have valuable experience representing criminal defendants. We are committed to evaluating the circumstances of our clients' arrest, the prosecution's evidence in the case, and any other factors that may help in our clients' defense. 


If you are being investigated or have been arrested for resisting an officer with violence in Orlando, Florida, contact the criminal defense attorneys at Hanlon Law today to protect your future.

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