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Resisting Without Violence

Florida Resisting without violence arrests are extremely common. Police officers often make the arrest after a defendant failed to relent to the officer's authority. Resisting without violence is rarely the sole charge faced by a defendant. Just like trespass, disorderly intoxication, or disturbing the peace, resisting without violence charges are usually accompanied by larger, more serious offenses. "Resisting" occurs when an officer is resisted, opposed or obstructed in the course of a lawful duty, punishable by up to one year in the county jail and/or up to a 1,000.00 dollar fine.

The statute is extremely vague and is a wide net cast by officers to catch a host of arrests. Many times defendants feel as if they have done nothing wrong to deserve such a charge. Although the statute is broad (see below), the appellate courts have curtailed this crime over the years by declaring many acts as a matter of law not resisting without violence.

Contact our Jacksonville criminal defense attorneys if you need help with a Florida Resisting without Violence or any other criminal offense. With the passage of time, officers usually are willing to forgive transgressions and will allow the prosecutor to make the decision whether to prosecute the matter further. Put our skills to work for you to get the best possible outcome of your Jacksonville Resisting without Violence charge. We also defend clients throughout Florida and Georgia who are charged with resisting an officer without violence.

FLORIDA'S RESISTING AN OFFICER WITHOUT VIOLENCE LAW

843.02 Resisting officer without violence to his or her person.

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.--s. 2, ch. 3276, 1881; RS 2581; GS 3501; RGS 5386; CGL 7525; s. 1, ch. 63-433; s. 1, ch. 65-226; s. 3, ch. 67-2207; ss. 20, 33, 35, ch. 69-106; s. 1035, ch. 71-136; s. 1, ch. 77-174; s. 2, ch. 78-116; s. 21, ch. 79-3; s. 27, ch. 79-8; s. 6, ch. 85-87; s. 41, ch. 88-122; s. 2, ch. 88-373; s. 51, ch. 88-381; s. 43, ch. 89-526; s. 209, ch. 91-224.

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