Resisting Arrest With Violence - Daytona Beach Criminal Defense Attorenys

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Resisting Arrest With Violence

Daytona Beach Resisting Arrest With Violence Attorney
Daytona Beach Resisting An Officer With Violence Lawyer

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The elements of a Daytona Beach resisting an officer with violence charge are (1) knowingly resisting, obstructing, or opposing a law enforcement officer, (2) in the lawful execution of any legal duty, (3) by offering to do violence to his or her person. Knowledge of the officer's status is an essential element that is part of the state's burden of proof for the offense of Daytona Beach resisting an officer with violence. Attached below are some cases dealing with resisting with violence.

When a defendant was not physically capable of doing such “violence” as would support conviction of resisting an officer with violence, where defendant was “hogtied” by cuffing his hands and feet to one another behind his back, even though defendant made verbal threats to police officers; because defendant did not have the ability to follow through with his threats, threats could not be “resistance with violence.”  Kirkland v. State, App. 1 Dist., 647 So.2d 142 (1994).

The character of the evidence Jones sought to introduce was his testimony that he fought the police in self-defense because he was being hit in the face with a flashlight. Jones failed to formally proffer his testimony but did, however, make it known that he would testify that he resisted because he was being beaten with a flashlight. Self-defense is a valid defense to the charge of resisting arrest with violence. See Williams v. State, 597 So.2d 377 (Fla. 2d DCA 1992). Jones v. State, 745 So. 2d 1121, 1123 (Fla. Dist. Ct. App. 1999). Johnson's encounter with police was not prompted by any report of, or observation that, he was engaged in criminal activity. Rather, the evidence at trial demonstrated that police bumped into Johnson in a rooming house. One of the officers observed rolling papers in Johnson's pocket and, based upon that observation, stopped Johnson and asked him if he had anything else on him. Johnson responded by turning away and putting his hands in his pocket. The officer instructed the defendant to remove his hands from his pocket and to put his hands up against the wall. Johnson complied, but his left fist was closed. The officer could not see what was in Johnson's hand and ordered Johnson to open up his fist and let whatever it was fall to the ground. The defendant attempted to put the item in his mouth and, in turn, the officer attempted to knock it away. Johnson pushed the officer and the officer took the defendant to the ground. There was a brief struggle and evidence that, during the struggle, the defendant struck a second officer. The whole incident was very brief, taking only minutes. There was no evidence that, during the encounter and struggle, police verbally advised Johnson that he was under arrest. We hold that such evidence was insufficient to establish either a lawful detention or an arrest.The encounter between Johnson and police was very brief and rapidly escalated into a fight or struggle and there was no evidence that, prior to or during such struggle, police told Johnson that he was under arrest. As the State's evidence failed to establish that the alleged resistance took place during either a lawful detention or an arrest, we reverse Johnson's conviction. Johnson v. State, 989 So. 2d 1228, 1230 (Fla. Dist. Ct. App. 2008).

A Daytona Beach resisting arrest with violence or Daytona Beach resisting an officer with violence charge is serious. It is a third degree felony which can be punishable by up to 5 years in prison and a $5,000 fine. You could lose your right to vote and your right to bear arms. Many Daytona Beach resisting with violence charges are minor incidents that are blown out of proportion. Daytona Beach resisting with violence case have defenses depending on the individual facts and circumstances of each case. A skilled Daytona Beach resisting arrest with violence attorney can take steps to avoid a felony conviction. Resisting an officer with violence lawyer Kevin J. Pitts can fight the charges against you, can take steps to obtain a reduction to a misdemeanor or if all else fails can negotiate for a withhold of adjudication. Call 386-451-5112 to set up a free consultation with Daytona Beach resisting arrest with violence attorney Kevin J. Pitts.

Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114

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