What Happens if You Reach for an Officer’s Gun During an Arrest in Naples?

A physical altercation with a police officer is a daunting situation. During this interaction, you may fear for your own life – and it might be difficult to think clearly. Faced with a “fight-or-flight” reaction that is difficult to control, you might find yourself reaching for the officer’s holstered firearm. What kinds of consequences might you face for this behavior during an arrest in Naples?

Naples Man Accused of Reaching for Officer’s Firearm

 In November of 2024, it was reported that a man in Naples had been accused of reaching for an officer’s firearm while resisting arrest. The incident began when the defendant allegedly blocked traffic and stood in the road. When officers arrived and ordered him to get out of the road, the defendant reportedly tried to flee on foot.

Officers caught up to the defendant and tried to take him into custody. However, the individual resisted by “tensing up” and flailing his arms around. During this confusion, police claim that the defendant reached for an officer’s holstered firearm. He reportedly put his hands on the grip of the handgun before attempting to force it free from the holster.

Officers acted quickly, removing his hand from the weapon – but the defendant then allegedly scratched one of the officers and bent his hand backward. After finally being subdued, this individual faced a slew of criminal charges. These included battery on a police officer, failing to obey police, resisting an arrest with violence, and disorderly conduct. First responders confirmed that he was under the influence of an “unknown substance” at the time of this incident.

This incident shows what kind of criminal charges you may face if you merely reach for a police officer’s firearm during an arrest. Even if you do not manage to remove the firearm from its holster, you will likely face charges such as resisting arrest with violence and battery on a law enforcement officer.

At the very least, you can expect an enhanced, third-degree felony battery charge. Although a simple battery may be a misdemeanor in Florida, you face heightened penalties if the victim was a law enforcement officer. Resisting arrest with violence is also a third-degree felony. As a result, you could face up to a decade in prison if you reach for an officer’s firearm while resisting arrest in Florida.

Can a Naples Defense Attorney Help if I Assaulted an Officer? 

If you face charges like battery on a law enforcement officer or resisting arrest, you should speak with a Fort Myers criminal defense lawyer as soon as possible. These kinds of charges can be quite serious, and you may face severe legal consequences. That being said, it is possible to utilize effective defense strategies in this situation – and you’re not alone. The Foley & Wilson Law Firm can help you fight for your rights effectively, so book a consultation with us today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.07.html

nbc-2.com/article/naples-florida-man-accused-resist-arrest-gun/62804019