Resisting Arrest and Battery on Police Officer
Call Us Now at 407-841-5555. OR email us directly at email@example.com.
Any crime against a law enforcement officer has to be taken seriously - even when the allegations have been exaggerated or completely made up. Resisting arrest is commonly charged just because the police officer is determined to charge someone with something regardless of what they have or have not done. Simply touching a police officer can result in a battery charge against the police even if a person did not mean any harm.
Assault and Battery are two very confusing terms. Battery is the unlawful touching of another and assault is the threat to do harm with the present ability to carry out the threat. So if someone raises their hand back to hit another - that's assault. If someone hits another - that's battery. One more thing, battery does not have to be a hit or strike - simply touching can be considered a battery under certain circumstances.
Resisting Police Officer Without Violence
Resisting without violence is a misdemeanor offense. It is found in section 843.02 of the Florida statutes. It is punishable by up to a year in jail and a $1,000 fine. There are defenses to resisting without violence.
Resisting Police Officer With Violence
Resisting with violence is a serious felony. It is located at section 843.01 of the Florida statutes. It is punishable by up to five years in prison and up to a $5,000 fine. Whereas battery on a police officer could be simply touching that policeman, resisting with violence connotes more - the intent to do harm. The actual words of the statute are "by offering or doing violence" to the police.
Battery or Assault on a Police Officer
As stated above, simply touching a police officer can get a person arrested for battery on a police officer. This charge starts off as a third degree felony with a maximum penalty of 5 years in prison and a $5,000 fine. Battery can be just about anything - touching, bumping, spitting, poking, etc. The police are trained to be very wary of just about anyone they do not know.
One of the common scenarios for battery on a police officer is downtown on a Friday or Saturday night. Someone has drank maybe a little too much and a scuffle breaks out. The police respond and begin questioning the participants. Someone's girlfriend makes the mistake of touching a police officer when she thinks her boyfriend is about to be arrested. This could be just grabbing his arm or tapping his shoulder.
|If you found any information I have provided on this webpage helpful please click my Plus+1 button so that others may also find it.|