Violent Crimes: Resisting a Police Officer With Violence / Without Violence
While battery on a law enforcement officer is a crime, the State of Florida determined that resisting a police officer with violence be an additional offense for which a defendant can be charged. With Miami being the tourist spot that it is, many visitors come into contact with police officers in and around the night clubs and restaurants on Miami Beach and in Coconut Grove. The Miami criminal defense law firm of DMT has represented tourists and local residents who are many times taken advantage of by local law enforcement and to make matters worse are later charged with felony offenses. Our criminal lawyers understand the nature of these charges and the serious implications an arrest of this type can have on a person's professional and personal life. Our firm has fought hard to protect our client's rights when they are unjustly charged with these offenses.
Resisting an officer with violence alleges that a defendant knowingly and willfully resisted, obstructed or opposed a law enforcement officer by offering to do or doing harm to him or her. The offense is a third degree felony punishable up to five years in prison. A key element to resisting an officer with violence is that the alleged officer victim be engaged in the execution of his or her legal duties. Officers have an affirmative duty to either wear a uniform to indicate that they are in fact police officers or have an affirmative duty to inform a person that they are in fact police officers. Off-duty police officers working nightclubs on the beach or in the city have an affirmative duty to inform patrons of their official position if they come into contact with them for law enforcement purposes. On hundreds of occasions police officers get out of hand and physically assault civilians. In an effort to protect their jobs, the only way they can explain the injuries to civilians is to charge them with the offenses of battery on a law enforcement officer and resisting an officer with violence.
While it may seem futile to fight these types of charges, our criminal attorneys have vast experience in obtaining officers' internal affairs records in an effort to demonstrate a pattern of violence to the prosecutor's office. On many occasions, the lawyers at DMT have gotten charges dismissed by presenting an officer's violent tendencies to the appropriate authorities. DMT also conducts a thorough investigation to collect security tapes and witness statements to demonstrate that the police officers were in fact the aggressors. With so much at stake our clients, DMT will leave no stone unturned and put forth every effort in investigating these charges to beat the case.
Resisting an officer without violence requires that a defendant resist, obstruct of oppose a law enforcement officer in the lawful execution of his duties and that the defendant knew the victim was a law enforcement officer. The offense is a first degree misdemeanor punishable up to a year in jail. The same defenses apply to this particular offense. However, if our criminal team can demonstrate that the defendant was not in fact committing a crime, the charge will be dismissed. The law in the State of Florida is clear that a person can resist an officer without violence if there is no legal reason for the arrest.
If you have been arrested and charged with resisting a law enforcement with or without violence, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 340-2197 or reach us by completing the form on our contact page
or by sending an e-mail.