Viable Reasons to Resist Arrest in Fort Myers
If you have been charged with resisting arrest in Fort Myers, you may have had a perfectly viable reason for doing so. Before you plead guilty, you might want to consider all of the various situations in which a person can legally resist arrest in Florida. You may be surprised at how exhaustive this list is, and you may have the right to fight your charges alongside a qualified defense attorney in Fort Myers.
The Police Officer Never Identified Himself
If you didn’t know you were dealing with a police officer, you may have the right to resist an arrest. Many undercover officers fail to identify themselves before violently attempting to arrest individuals. How can you be sure that they’re really a police officer? In order to prove their identity, they must show you their badge.
In many cases throughout Florida, criminals have impersonated police officers to rob, threaten, or harm innocent people. They may claim to be undercover police officers, or they might even wear fake uniforms. This highlights the need to be skeptical about a police officer’s identity before acquiescing to an arrest. You are within your rights to ask an arresting officer to show you their badge. If they refuse to do so, their actions may be unlawful.
You Weren’t Aware of the Police Officer
You might not have been aware of the police officer who was attempting to arrest you. Perhaps you were running down a street, and you simply didn’t realize that you were being pursued by police officers. Maybe you were so heavily intoxicated that you could not clearly see or hear your surroundings. You may have been driving a vehicle, and perhaps you assumed that the sirens and lights in the distance pertained to some other situation. You must have the intent to resist arrest for prosecutors to secure a conviction.
The Police Officer Used Excessive Force
If a police officer uses excessive force, you may be well within your rights to attempt to defend yourself. For example, a police officer might be kicking or clubbing you while you’re down. If these beatings continue when you are clearly not resisting, you may be justified in pushing the officers away and attempting to escape. This is based on the age-old principle of self-defense, and police officers can encounter legal consequences for excessive force in Florida.
The Arrest Was Unlawful
You might also escape resisting arrest charges if you can prove that the underlying arrest was unlawful. For example, the officers might have conducted a search of your vehicle without probable cause. Perhaps they detained you without ever charging you with an offense. These situations could be unlawful, and you may therefore have a constitutional right to resist.
Find a Qualified Defense Attorney in Fort Myers
If you’ve been searching for a qualified, experienced Fort Myers criminal defense attorney who can help you push back against resisting arrest charges, look no further than Foley & Wilson. With our assistance, you can strive for positive results in a confident manner. Even if your situation does not involve any of the viable reasons mentioned above, you can still execute numerous strategies to mitigate legal consequences. Book your consultation today to learn more.
Source:
ojp.gov/ncjrs/virtual-library/abstracts/criminal-law-self-defense-and-right-resist-unlawful-arrest
