Resisting Arrest with Violence Attorney in Miami

Written by:Julian Stroleny PortraitJulian Stroleny

A charge of Resisting Arrest with Violence carries severe penalties in the state of Florida. Unlike a misdemeanor charge of resisting arrest without violence, Resisting Arrest with Violence carries heavy fines as a penalty, and you might even be looking at jail time if you are convicted. If this is the position in which you find yourself, you should hire an excellent Miami criminal defense attorney to represent you on your case.

Explaining Resisting Arrest with Violence

If you are placed under arrest by an officer and resist, you will be charged with resisting arrest. But what if you resisted arrest with force or even slight force? Then you might be charged with Resisting Arrest with Violence, which carries much more severe penalties. Resisting Arrest with Violence is considered a third-degree felony offense within the state of Florida, and you could be punished with up to five years in prison, five years’ probation, and $5,000 in fines.

An Officer of the Law

When it comes to charges of resisting violence with force, citizen’s arrests don’t count. We’re only talking about arrests that have been conducted by officers of the law. But how do we define officers of the law? Of course, the simple answer is that we can define an officer as an on-duty police officer, but the truth of the matter is that it’s not that simple. There are several factors at play, some of which may be able to provide you with circumstances to lighten any consequences you may be facing. Our Miami criminal defense lawyer will be able to tell you exactly what you’re facing and what your next step should be.

Circumstances of Resisting Arrest with Violence

Violent, hardened criminals aren’t the only ones who might resist arrest when they deal with the law. Sometimes ordinary citizens do so, too. The circumstances surrounding your arrest might also be at play, and there are several reasons why a person might resist an attempted arrest by an officer.

  • You might have resisted at the time of your arrest because:
  • The circumstances of or reasons for your arrest were unclear to you at the time and/or not fully explained to you by the arresting officers.
  • The officers did not identify themselves as police at the time your arrest took place, and you did not know they were officers of the law.
  • Sometimes resistance is purely a reaction to shock in a high-pressure situation, and it might have just been your reaction to the shock of the event.

Not sure if you have a defense to your charges? An excellent, knowledgeable Miami resisting arrest with violence attorney should be able to tell you what recourse you have if you have been charged with Resisting Arrest with Violence.

The Differences between Resisting and Resisting Arrest with Violence

Why does it matter whether you get charged with simply resisting arrest or Resisting Arrest with Violence? If you get charged with Resisting Arrest with Violence, then you are looking at an elevated potential sentence. It comes down to the sentencing differences between a misdemeanor and a felony, which are large. This will also leave a mark on your criminal record, which can stand in your way of employment or travel.

Defenses for Resisting Arrest with Violence

What defenses do you have in court if you are charged with Resisting Arrest with Violence? Just as there are several reasons for resisting arrest, there are several defenses. In fact, there are three primary defenses if you are charged with resisting, and an experienced resisting with violence lawyer in Miami can point you in the right direction and tell you how you should proceed with the rest of your case.

The defenses for Resisting Arrest with Violence that can be utilized in court include:

  • On the Job

The first defense for Resisting Arrest with Violence is the fact that it has to be proven that the officer was conducting a duty directly related to law enforcement when the arrest took place.

  • Self Defense

If you are charged with Resisting Arrest with Violence, it can be argued that you were simply acting in self-defense; for many, if not most people, shock is a completely normal reaction, and it means that you might have resisted the officers without realizing you were resisting an arrest.

  • Officer’s Status Unknown

The third defense for Resisting Arrest with Violence is that the person being arrested might not have known that the officer was an officer acting within the law when the arrest took place. Officers must have identified themselves when the arrest took place; if they did not, the arrested person might have assumed they were someone impersonating an officer.

Case Basics

You have a right to competent representation in court, and you have the right to have all the circumstances surrounding the event of your arrest taken into consideration during the court proceedings. Without an attorney, it can be hard to ensure that your voice is heard. A resisting with violence lawyer in Miami can help you put the details of your case together so that it stands in court and you get the justice you deserve.

Finding a Criminal Defense Attorney in Miami

An attorney with knowledge about handling and successfully defending cases much like yours will be able to look thoroughly at the evidence to help you find the justice your case deserves. Don’t become part of another statistic if you have been charged with Resisting Arrest with Violence, and don’t let it tarnish the rest of your life by ending up with a record when you could have it reduced to a lesser charge or dismissed totally.

Consult with our Miami criminal law firm to have your questions answered. Remember: your consultation with a legal professional is free!

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Lawyer.

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