Resisting arrest with violence in Florida is a serious criminal offense that involves physically opposing or obstructing a law enforcement officer during the performance of their duties. This charge is governed by Florida Statutes § 843.01 and is considered a felony due to the involvement of violence or force against a police officer.  If you are charged with resisting a Jacksonville Sheriff's Officer you should consult with a Duval County criminal defense attorney.  

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Definition of Resisting Arrest with Violence:

Under Florida law, resisting arrest with violence occurs when a person:

1. Knowingly and willfully resists, obstructs, or opposes a law enforcement officer, including correctional officers, probation officers, or any other authorized personnel.

2. Uses or threatens to use physical force or violence against the officer while they are carrying out their lawful duties.

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Examples of Resisting Arrest with Violence:

Resisting arrest with violence can take many forms, including:

- Physically struggling with an officer trying to handcuff you.

- Hitting, kicking, or otherwise assaulting an officer during an arrest.

- Using an object or weapon to try to prevent the officer from performing their duties.

- Threatening violence while resisting arrest.

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Penalties for Resisting Arrest with Violence:

In Florida, resisting arrest with violence is classified as a third-degree felony. The penalties for this offense can include:

Prison Time: Up to 5 years in prison.

 

Probation: Up to 5 years of probation.

Fines: Up to $5,000

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In addition to these penalties, a conviction for resisting arrest with violence can result in a permanent criminal record, which can impact future employment opportunities, housing, and other aspects of life.

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Defenses to Resisting Arrest with Violence:

Several defenses may be available to someone charged with resisting arrest with violence in Florida, depending on the circumstances of the case:

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1. Unlawful Arrest: If the arrest was unlawful or the officer was acting outside the scope of their legal authority, the defendant may argue that they had the right to resist the arrest.

2. Self-Defense: The defendant may argue that they used force to protect themselves from excessive force or unlawful conduct by the officer.

3. Lack of Intent: The defendant may argue that they did not knowingly or willfully resist the officer or that any physical contact was accidental rather than intentional.

4. False Allegations: The defendant may claim that they were wrongly accused or that the officer exaggerated the level of resistance or violence involved.

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Importance of Legal Representation:

Resisting arrest with violence is a serious charge in Florida that can result in significant legal consequences, including prison time and a permanent criminal record. It is essential for anyone facing this charge to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution's case, and work to reduce or dismiss the charges.

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In summary, resisting arrest with violence in Florida involves using or threatening physical force against a law enforcement officer during an arrest or other lawful duties. It is classified as a third-degree felony, with penalties including up to 5 years in prison, probation, and fines. We can help you defend against these charges and protect your rights.