Defendant was in custody after being arrested for DUI. At the jail center, Defendant became uncooperative and verbally abusive with Deputies. Defendant then became out of control and deputies performed a takedown to regain control of him. Defendant received an injury requiring medical attention and was charged with Resisting Arrest Without Violence.
Resisting Arrest Without Violence
Resisting arrest without violence occurs when a law enforcement officer is attempted to arrest an individual who interferes with the arrest in a means that is not violent.
Examples of Resisting Arrest Without Violence
Some examples of Resisting Arrest Without Violence include:
- Interfering with any law enforcement investigation.
- Arguing with a police officer during the course of an arrest.
- Being a lookout person for someone trying to prevent arrest.
- Refusing to sit down when a law enforcement officer asks you to do so.
- Not obeying verbal commands given by the law enforcement officer.
- Tensing the arms while the law enforcement officer attempts to handcuff the offender.
- Concealing evidence.
- Allowing your body to go limp so the law enforcement officer has to drag or pull one in order to be arrested.
- Refusing to enter the police car.
- Refusing to answer any questions
- Obstructing an officer while they are trying to arrest another person.
Penalties for Resisting Arrest Without Violence
Resisting arrest without violence is a first-degree misdemeanor. The penalties for this include one year in jail, one year of probation, and a $1,000 fine.
Should someone be arrested for resisting arrest without violence, they may be eligible for a diversion program. These programs do have many benefits. You will not have to spend any time in jail and once the program is over, you may have your record expunged. The benefits of having your record expunged are huge, as then you will not have a criminal record to worry about. Once you have completed all the requirements for the diversion program, you can have your attorney assist you in expunging your record.
Resisting Arrest Without Violence Attorneys in Florida
If you have been charged with Resisting Arrest Without Violence, you need to consider hiring a lawyer that can represent you. Look for a lawyer that has experience in this field, along with one that will not be afraid to fight for your rights.
At Musca Law Firm, any of our lawyers fit this description. We will negotiate with the prosecution and fight for you each step of the way. Our dedicated staff of attorneys will collaborate if need be and put together a defense that is strong. Any of our attorneys will be able to aggressively negotiate with the prosecution to get favorable results for you.
Call us today at (888) 484-5057. We offer a free consultation and have offices located in various cities throughout Florida.
RESULT: After obtaining all of the evidence in the case, our Attorney convinced the State to DISMISS the charge.