Resisting an Officer Without Violence
Resisting an officer, even without any signs of violence, is considered a crime in Florida. Not only that, but it can actually be considered a type of obstruction of justice. The offense of resisting officer without violence (ROWOV) to his or her person is classified as a first-degree misdemeanor and a conviction may have serious immediate and long-term consequences.
ROWOV charges are usually filed in addition to other underlying criminal offenses. Such as assault, grand theft of a motor vehicle or other crimes where the offender was arrested on the spot by law enforcement. Unfortunately, alleged offenders can face significant challenges in fighting ROWOV charges because such accusations are based almost entirely on the testimony of the arresting officers. If you or someone you know has been charged with resisting an officer without violence, then it’s within your best interest to gain legal representation.
Fort Lauderdale Resisting an Officer Without Violence Lawyer in FL
Were you recently charged with non-violently resisting an arrest in Florida? It is critical for you to immediately begin working with legal counsel who can investigate your case and develop a strong and formidable defense in court. Our suggestion is you contact the skilled obstruction of justice defense attorneys at Meltzer & Bell.
The dedicated ROWOV attorneys of Meltzer & Bell fight on behalf of people in and around Broward County, including such areas as Fort Lauderdale, Hollywood, Pembroke Pines, Miramar, Hallandale Beach, Plantation, Deerfield Beach, Davie, and Coral Springs. Call (754) 755-8554 right now to have our firm review your case during a free, confidential consultation.
Overview of Resisting an Officer without Violence in FL
- What Does Florida Consider Resisting an Officer Without Violence?
- Penalties for Resisting an Officer Without Violence
- What Happens If You Escape Arrest or Prison?
- Additional Resources
What Does Florida Consider Resisting an Officer Without Violence?
In Florida, resisting a police officer is a crime even if there is no violence involved. It’s considered a type of obstruction of justice so the penalties for the crime can be life changing. The crime can be found under the Florida Statues Section 843.02, which states you can be charged with resisting an officer without violence if you knowingly or willfully resist, obstruct or oppose law enforcement while they are engaged in their legal duties.
Resisting an officer without violence charges doesn’t just include standard police officers. If you resist, obstruct or oppose any of the following people, then you could be charged with resisting an officer without violence in Florida.
- Part-time law enforcement officers;
- Auxiliary law enforcement officers;
- Auxiliary correctional officers;
- Parole and probation supervisors;
- Personnel or representative of the Department of Law Enforcement;
- A member of the Florida Commission on Offender Review;
- Correctional officers;
- Correctional probation officers;
- Any administrative aide or supervisor employed by the commission;
- County probation officers; or
- Any person legally authorized to execute process in the execution of legal process or in the lawful execution of a legal duty
The crime of resisting an officer without violence is a first-degree misdemeanor, which carries the following maximum penalties.
- A term of imprisonment not exceeding one year; and
- A possible fine of up to $1,000
Penalties for Resisting an Officer with Violence
The penalties for resisting an officer are enhanced drastically if violence is involved. If you knowingly or willfully resist, obstruct or oppose an officer by threatening violence or engaging in violence conduct, then you could be charged with resisting an officer with violence.
Resisting an officer with violence is a much more serious offense that can result in a third-degree felony. The maximum penalties for a third-degree felony include:
- A term of imprisonment not exceeding five years; and
- A possible fine of up to $5,000
What Happens If You Escape Arrest or Prison?
A common charge associated with resisting an officer with or without violence is escape or the attempt to escape a detainment facility or arrest. The penalties for escaping arrest or detainment are very serious and could uproot your life forever. If convicted, you could be burdened with the felony-level penalties associated with the crime.
The crime of escaping in Florida is a second-degree felony, which is punishable by:
- A term of imprisonment not exceeding fifteen years; and
- A fine of up to $10,000
National Police Accountability Project – Visit the official website for the non-profit organization known as NPAP or the National Police Accountability Project (NPAP), which is dedicated to protecting human and civil rights for people who have encountered police brutality. A common reason for resisting an officer is fear of brutality, especially if it’s race related. Access the site to learn more about the project, police brutality statistics and other relevant information.
Florida Laws for Obstructing Justice – Visit the official website for the Florida Statutes to learn more about their laws on obstruction of justice. Access the site to learn what happens if you resist an officer, aid another person while they escape, tamper with evidence or witnesses and other obstruction of justice related crimes.
Defense Lawyer for Resisting an Officer Without Violence in Palm Beach County, FL
If you have been charged with non-violently resisting an officer in Florida, you will want to make sure that you obtain legal representation as soon as possible. Meltzer & Bell aggressively defends clients in Sunrise, Pompano Beach, Margate, Coconut Creek, Tamarac, Wilton Manors, Weston, and the greater Fort Lauderdale area.
Our firm has more than two decades of combined experience in Broward County courts, including time spent on both sides of the courtroom. Let our resisting an officer without violence attorneys review your own case during a free consultation by calling (754) 755-8554 today.