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