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Criminal Defense Lawyer in Orlando, FL

Resisting an Officer Without Violence Lawyer in Orlando, FL

Florida law prohibits anyone from resisting law enforcement with or without violence. The penalties are more severe for resisting violence; however, charges for resisting an officer without violence should still be taken seriously. In order to avoid the potential consequences of a conviction for this crime, you should contact an attorney as soon as possible if you have been arrested or investigated. The lawyers at Hanlon Law have valuable experience defending those accused of resisting an officer without violence. Our attorneys provide knowledgeable legal representation and examine clients’ cases' specific circumstances to determine the best defense. 


Definition of Resisting an Officer Without Violence 


Under Florida Statute 843.02, it is a crime to resist, obstruct, or oppose a law enforcement officer performing their official duties. The offense is considered a first-degree misdemeanor, which carries a potential sentence of up to one year in jail and a fine of $1,000. 


Several elements must be present in order to be charged with this crime. Firstly, the officer must be engaged in performing their official duties at the time of the resistance. This means that the officer must conduct a lawful function and have proper jurisdiction in the area. Secondly, the defendant must have knowledge that the person they are resisting is a law enforcement officer. Finally, the resistance must be intentional. This means that the defendant must have acted with the specific intent to resist, obstruct, or oppose the officer. Passive resistance or failure to comply with an officer’s commands is not enough to be charged with this crime. The defendant’s actions must have been intentional and must have hindered the officer’s ability to perform their duties. 


Potential Defenses to Resisting an Officer Without Violence 


If you have been charged with resisting an officer without violence, it is important to have a clear understanding of the elements that must be present for a conviction. A knowledgeable criminal defense attorney can help you navigate the legal process and build a defense against the charges. Here is a list of commonly used defense strategies for resisting an officer without violence charges: 


  • Lack of knowledge: The defendant must have knowledge that the person they are resisting is a law enforcement officer. Suppose the defendant did not know that the person was an officer. If the defendant did not know that the person was an officer, then they cannot be convicted of resisting an officer without violence. 
  • The officer was not acting in an official capacity: The officer must be engaged in the performance of their official duties at the time of the resistance. If the officer was not performing a lawful function or did not have proper jurisdiction, then the resistance cannot be considered a crime. 
  • Lack of intent: The defendant must have acted with the specific intent to resist, obstruct, or oppose the officer. Mere passive resistance or failure to comply with an officer’s commands is not enough to be charged with this crime. 
  • Necessity: In some cases, it may be possible to argue that the defendant’s actions were necessary to protect themselves or others from harm. This defense can only be used if the defendant can show that their actions were reasonable under the circumstances and were necessary to prevent harm. 
  • Constitutional violations: If the officer’s actions violated the defendant’s constitutional rights, it might be possible to argue that the defendant’s resistance was justified. This could include cases where the officer used excessive force, conducted an unlawful search or seizure, or engaged in other unconditional conduct. 


If you are facing charges for resisting an officer without violence in Florida, it is crucial to seek the advice of a criminal defense attorney as soon as possible. An experienced attorney can help you understand the charges against you and develop a strategy to protect your rights and freedoms. 


Protect Your Future From Resisting an Officer Without Violence with an Experienced Criminal Defense Lawyer 


Resisting an officer without violence is a severe crime in Florida that can carry significant consequences. If you have been charged with this crime, it is vital to take immediate action to protect your rights and freedoms. With the help of a knowledgeable criminal defense attorney, you can navigate the legal process and build a strong defense against the charges. The lawyers at Hanlon law are committed to protecting the rights of the accused in the Orlando area. We investigate all the circumstances of our client’s cases to build formidable defenses to defend their rights.

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