Sunday, March 25, 2012

Resisting A Police Officer With Violence in Florida

Resisting A Police Officer With Violence in Florida is a Felony Crime.   If you are arrested for the crime of Resisting an Officer With Violence in South Florida you should contact Criminal Lawyer Roger P. Foley.

Mr. Foley has offices in Broward and Palm Beach Counties.

Here are some things that you should know about the crime of Resisting an Officer With Violence:
  1. Its not hopeless - you can fight your criminal case. (See Florida Statute 843.01 for full details
  2. Resisting An Officer with Violence is a third degree felony
  3. A third degree felony is punishable by a maximum of five (5) years in a Florida Prison
  4. When Police use excessive force they often claim that the defendant resisted with violence and the defendant’s resistance is what caused the police to use force against him/her.   It justifies your bruises.   If you did not resist, then they would not have taken you to the ground,
  5. To find you guilty of Resisting an Officer With Violence the state must prove 4 elements beyond and to the exclusion of a reasonable doubt:
    1. (Defendant) knowingly and willfully [resisted] [obstructed] [opposed] (victim) by [offering to do] [doing violence] to [him] [her].   Offering to do violence means threatening to do violence.  
    2. At the time, (victim) was engaged in the [execution of legal process] [lawful execution of a legal duty].  
    3. At the time, (victim) was [an officer][a person legally authorized to execute process].
    4. At the time, (defendant) knew (victim) was [an officer] [a person legally authorized to execute process].
  6. The crime of Resisting an Officer With Violence is an offense that can be sealed or expunged from your record if any of the following are true:
    1. The state attorney’s office files a No Information - they decline to file official charges.
    2. The case is dismissed on a technicality.
    3. The case is Nolle Prossed by the State Attorney’s Office.
    4. The case goes to trial and you are acquitted of the charge.
    5. You receive a Withhold of Adjudication and have no other convictions on your criminal record.
  7. Get the notion out of your head that you can’t win.   If you did not commit the crime, hire a Criminal Defense Trial Lawyer that will be your voice in the courtroom.   Just because a police officer says it is so does not mean that your case is impossible.
  8. Hire the best criminal defense lawyer possible to defend you. Remember you can choose the players on your team.   Talk to several lawyers and then pick the Criminal Lawyer that makes you feel most comfortable.

If you are charged with Resisting a Police Officer With Violence, contact Florida Criminal Defense Lawyer, Roger P. Foley.

Mr. Foley is an aggressive criminal defense attorney who has a no-nonsense approach to defending his clients.   When accepting a criminal case he will do everything legally possible to win your case.   If your looking for a Criminal Defense Lawyer that brings his best effort on every case then contact Florida Criminal Attorney, Roger P. Foley.

Mr. Foley has been recognized as one of “Florida’s Legal Elite.”   Roger P. Foley has also been recognized as a “Florida Super Lawyer.”

1 comment:

Raquel Rezendes said...

What if the charges were...

3rd Degree Battery on officer
3rd Degree resisting officer
1st Degree resisting officer
3rd Degree Obstructing Justice

these are the charged my father just got... he is going to court on the 11th and has a layer but my family is worried he could go to jail for some time?