Resisting Arrest and Battery on Police Officer
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.
Hire An Attorney Who Knows the Defenses
I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case. I have studied the law and constantly stay abreast of all new legal cases that may help my clients (See my Law Blog for Attorneys). This is what I do and I want your good word of mouth when your case is resolved.
Resisting Arrest With or Without Violence to the Police
There are many defenses to a resisting arrest charge. The actual charge is just resisting a police officer with or without violence - there is no need for a person to be in the process of being arrested. In fact, no one has the option to resist arrest. Resisting arrest typically leads to a charge for battery on a law enforcement officer.
Resisting 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 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.
To Speak to Eric J Dirga, a Florida Criminal Defense Attorney
I represent people accused of misdemeanors and felonies for both state statutes and municipal ordinances. I have been doing this since 1995 in Orlando, Kissimmee, Sanford and surrounding Florida counties. Contact us to set up a time for a consultation either over the phone or in person.
| 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. |
