Lakeland Resisting Arrest Criminal Defense Attorney / Lawyer

Lakeland Resisting Arrest Defense Attorney - Lawyer, Providing Professional Resisting Arrest Criminal Defense Attorney legal services for Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.

Call 863.660.2185 to Speak with Lakeland Resisting Arrest Criminal Defense Attorney / Lawyer, Joshua E. Schoen.

According to Florida Criminal Statute §843.02, Resisting Arrest Without Violence occurs when an individual resists, obstructs, or opposes any of the following persons without doing violence to the person of the officer:

Law enforcement officer;
Member of the Parole Commission or any administrative aide or supervisor employed by the commission;
County probation officer;
Parole and probation supervisor;
Personnel or representative of the Department of Law Enforcement;
Or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty.

Resisting Arrest With Violence (§843.01) is the same criminal offense involving the same personnel by offering or doing violence to the person of such officer or legally authorized person.

Resisting Arrest Without Violence is a felony of the third degree which carries a maximum penalty of 12 months incarceration and a $1,000 fine.

Resisting Arrest Without Violence is a misdemeanor of the first degree which carries a maximum penalty of 5 year incarceration and a $5,000 fine.

Resisting Arrest Without Violence is subjective in nature according to the perception of law enforcement officers or protected persons under Florida Statute §843.02. The prosecution must prove that the method or level of perceived resistance was intentional and not a natural reaction to what may have been a swift action by law enforcement officers or protected persons under Florida Statute §843.02.

Resisting arrest with violence is also subjective in nature according to the perception of law enforcement officers or protected persons under Florida Statute §843.01. The prosecution must prove that the method or level of perceived resistance that at the time was perceived to be "violence" was intentional and not a natural reaction to what may have been a swift action by law enforcement officers or protected persons under Florida Statute §843.01.

Resisting arrest with or without violence is considered a crime of intent. If intent cannot be established and the jury has reasonable doubt as to intent to commit such acts, a verdict of not guilty may be awarded by the jury.

Protect your rights by seeking the legal advice and representation of an experienced Lakeland Resisting Arrest Criminal Defense Attorney / Lawyer.

Contact Lakeland Resisting Arrest Criminal Defense Attorney / Lawyer Joshua E. Schoen at 863.660.2185 in the Lakeland, Winter Haven, Bartow, Polk County, and the surrounding Central Florida area.