Police responded to a disturbance involving a possible robbery at the Defendant’s home. The Defendant was intoxicated and interfered with the investigation. Police handcuffed the Defendant and secured him in the back of their patrol car. The Defendant refused to comply and kicked the rear window. The Defendant was placed under arrest for Resisting Arrest/Obstruction.
A person will be arrested if they interfere with a law enforcement officer’s attempt to arrest them. This will be labeled as a misdemeanor in the first degree. Examples of this could be running from law enforcement, going limp when a police officer tries to handcuff you, not following directions, refusing to sit down, concealing evidence, giving false information, and/or refusing to get into a squad car, etc. Typically resisting arrest is combined with another charge.
Under Florida Statutes, Section 843.02, resisting is defined as:
Whoever shall resist, obstruct, or oppose any [law enforcement or probation] officer or other person legally authorized to execute process… in the legal execution of a legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree….
Penalties for resisting arrest could include any of the following:
- Fines that start out at $1,000. These fines will be used to help defray the cost of maintaining the criminal justice system.
- Probation up to one year
- Community service
- Jail time of up to a year
Motion to Dismiss
A motion to dismiss can be filed before or at the defendant’s arraignment. However, the court can hear a motion to dismiss them at any time in these circumstances:
- In cases where the defendant has been pardoned for with an offense
- The defendant was charged with an offense to which they had already been charged.
- The defendant was charged with a crime in which they had been granted immunity.
- There are no material disputed facts or the undisputed facts do not establish a prima facie case of guilt against the defendant.
- There have been objections based on fundamental grounds.
Musca Law – A Top Criminal Law Firm in Florida
If you have been charged with any criminal activity, you know how important it is to receive legal representation. Only lawyers know many of the loopholes and laws for various crimes. It is imperative that you speak to one as soon as you have been charged with a crime.
At Musca Law Firm, we would be more than happy to take a look at your case. We offer a free initial case consultation to make sure we are the perfect fit for you. Our lawyers have over 150 years of combined legal experience. We often work together on defenses for cases in order to have the strongest one for your case.
RESULT: The Musca Law Defense Attorney filed a Motion to Dismiss, challenging the State to meet the burden of proof needed to secure a conviction. The State agreed and DISMISSED the charge!