Punta Gorda Resisting Arrest Defense Lawyers
Any encounter with law enforcement is fraught for the person being stopped, questioned, or arrested. Charges of resisting arrest only compound the situation, making it even more important to retain skilled and qualified legal counsel. At Foley & Wilson Law Firm, our boutique law practice, led by a team of former prosecutors with over 45 years of experience, is dedicated to providing the highest level of professional representation. We treat each client with dignity and respect, delivering skilled and compassionate legal counsel to those dealing with serious allegations.
If you’ve been charged with resisting arrest, alone or in tandem with other criminal charges, getting legal advice right away is essential to getting the best outcome. Don’t delay. Contact our experienced Punta Gorda resisting arrest defense lawyers today.
What Constitutes Resisting Arrest?
Under Florida Statute 843.02, resisting arrest occurs when an individual knowingly and willfully resists, obstructs, or opposes a law enforcement officer in the lawful execution of their legal duty. This resistance can be non-violent, such as fleeing, providing false information, or physically hindering an officer’s actions.
To secure a conviction for resisting arrest, the prosecution must prove the following elements beyond a reasonable doubt:
- Lawful Execution of Duty: The officer was engaged in the lawful execution of a legal duty at the time of the alleged resistance.
- Knowledge of the Officer’s Status: The accused knew or should have known that the person they were resisting was a law enforcement officer.
- Willful Resistance: The accused intentionally resisted, obstructed, or opposed the officer.
Potential Penalties for Resisting Arrest
Resisting arrest without violence is classified as a first-degree misdemeanor in Florida. The penalties for a conviction may include up to one year in jail, up to one year of probation, and fines up to $1,000. It’s important to note that these penalties can have long-lasting effects on your personal and professional life. On top of any penalties imposed, a criminal record for resisting arrest can impact future employment opportunities, educational prospects, and more.
Possible Defenses Against Resisting Arrest Charges
Facing a charge of resisting arrest can be overwhelming, but several defenses may be available, depending on the specifics of your case. At Foley & Wilson Law Firm, our experienced legal team will thoroughly examine the details of your situation to build a strong defense strategy. Some potential defenses may include:
- Unlawful Arrest: If the arrest was not lawful, any charge for resistance to that arrest might also be considered unlawful. This can occur if the officer did not have probable cause or if they acted outside their legal authority.
- Lack of Knowledge: If you did not know, nor could reasonably have known, that the individual you resisted was a law enforcement officer, this can be a viable defense.
- False Accusations: In some cases, individuals are falsely accused of resisting arrest. This could be due to a misunderstanding or misrepresentation of the events by law enforcement.
- Self-Defense: If excessive force was used by the officer, you may be able to claim self-defense. It’s crucial to prove that any force used was reasonable and necessary to protect yourself.
Why Choose Foley & Wilson Law Firm?
Our firm’s extensive experience in the criminal justice system, including as former prosecutors and long-time defense lawyers, gives us a unique insight into how resisting arrest cases are handled by the prosecution. We leverage this knowledge to craft robust defense strategies tailored to each client’s specific circumstances. Our commitment to excellence and personalized service ensures that you receive the best possible representation.
At Foley & Wilson Law Firm, we stand by our clients, offering unwavering support and expert legal guidance. If you or a loved one is facing a charge of resisting arrest in Punta Gorda, do not hesitate to contact us. We are here to provide the professional, respectful, and skilled representation you deserve.
Contact Us to Fight Charges of Resisting Arrest in Punta Gorda
For a confidential consultation, please call us at 239-690-6080 or fill out our online contact form. Let Foley & Wilson Law Firm be your advocate and guide you through the complexities of the criminal justice system. Together, we can work toward the best possible outcome for your case.
