Defendant Pulled Away from Police; Charged with Felony Resisting Arrest


The Charges

The police were called to the defendant’s home over a noise complaint. During conversations with the police, one of the officers became nervous because the defendant kept fumbling in his pocket. The defendant refused the officer’s request to participate in a pat-down search, and the police arrested him. The defendant went to pull his arm away and the officer charged him with felony Resisting Arrest Without Violence.

Resisting Arrest Without Violence

In Florida, resisting arrest without violence is any non-violent obstruction of a law enforcement officer during legal duty executions, including arrest. This is a first-degree misdemeanor that has penalties of jail time of up to one year, 12 months probation, and a fine of $1,000.

Examples of resisting arrest include not obeying verbal lawful commands, tensing up the arms while being handcuffed, refusing to be handcuffed, evading handcuffs, concealing evidence, refusing to sit down, interfering with police activity, refusing to leave an area when asked to do so, and giving information that is false or inaccurate. 

Motion to Dismiss 

A motion to dismiss is a formal request that the court dismisses a case. Reasons for filing for a motion to dismiss could include failure to state a claim upon which relief can be granted, lack of personal jurisdiction, lack of subject-matter jurisdiction, insufficient service of process, and/or improper venue.  

Record Expunged

In the state of Florida, after a record has been expunged, there is no reason for you to have to disclose it. People often want their records expunged after they have had charges dismissed, as these charges can still be seen on your criminal record. While some may not see this as a big deal, having a criminal record can haunt you for the rest of your life by impacting your ability to obtain employment or being offered a rental agreement or mortgage. Additionally, there are various professional licenses that cannot be held by those that have criminal records.  

Musca Law Firm

If you have been charged with resisting arrest without violence, it is in your best interest to contact Musca Law Firm today. Our firm has over 150 years of combined experience between all of our attorneys, and we are familiar with a wide range of criminal charges across the state. This gives us the confidence needed to put together a strong and strategic legal defense on your behalf. We will do our best to find a favorable outcome for you, either by reducing or dismissing your charges. And if your charges are dropped, we can help you have your record expunged. We offer a free, no-obligation initial case consultation with new clients, in order to determine how our services may best support you and your legal needs. We pride ourselves on answering our phones 24/7 and we serve all of Florida with multiple offices across the state, in order to increase convenience for our clients throughout the state. Call us today at (888) 484-5057 so that we can assist you!

RESULT: The State lowered the charge to a misdemeanor Resisting Arrest Without Violence. The Musca Law defense attorney filed a Motion to Dismiss the criminal charge against the client. The defense attorney argued to the court that the client had every right to resist, inasmuch as a crime did not occur. The State conceded that they could not prove the elements of a crime had taken place. The court GRANTED the defense’s Motion and DISMISSED the charge against the client. The client is now eligible to have his record expunged!