Daytona Beach Resisting Arrest Without Violence Attorney
Daytona Beach Resisting Arrest Without Violence Lawyer
843.02 Daytona Beach Resisting Officer
Whoever shall resist, obstruct, or oppose any officer, member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.
This is one of the most overcharged offenses in criminal law. If the officer is not happy with you they slap you with a resisting without violence charge. One of the key elements of a ressisting charge is in the execution of legal process or in the lawful execution of a legal duty. The encounter must be lawful for a Daytona Beach resisting without violence charge to stick. Sometimes resisting arrest, obstructing an officer or resisting an officer is the only charge. The question then is what was the basis for the encounter if no other charge was filed?
A Daytona Beach resisting arrest without violence lawyer can insure that your rights are protected. Some examples of cases that are and are not resisting without violence are listed below.
Evidence was sufficient to support a conviction for resisting an officer without violence when police officers were engaged in lawful execution of their legal duty at the time the accused resisted them, the defendant threatened to get a gun and shoot bar employees, the defendant was intoxicated, yelling profanity, and appeared to be ready to fight, would not leave the scene when instructed to and the defendant struck the officers as they were reaching out for his arm to arrest him for disorderly conduct. In another case the defendant was not unlawfully opposing or obstructing an officer in the lawful execution of a legal duty by giving false statements to the officer and running away during questioning and thus the defendant did not commit the offense of obstructing an officer without violence where the encounter between the accused and the officer was voluntary allowing the defendant to ignore the officer and walk away. In another case when a police officer was acting as a private citizen at the time of an incident giving rise to a charge of obstructing or opposing an officer without violence and not in lawful execution of a legal duty as required to support a conviction. The officer was outside his jurisdiction at the time he tracked down and arrested the defendant and had no arrest authority outside his jurisdiction and the incident did not involve fresh pursuit. If you are arrested for Daytona Beach resisting arrest without violence contact Daytona Beach resisting without violence attorney Kevin J. Pitts for a free consultation. Call 386-
Daytona Beach Criminal Defense Lawyer
747 S Ridgewood Ave
Daytona Beach, FL 32114