resisting arrest charges defense lawyer in tampa, FL

Resisting Arrest Defense Lawyer in Tampa, FL

Ensuring Your Legal Rights

Resisting Arrest Defense Lawyer in Tampa, FL

Facing charges for resisting arrest in Tampa, FL, can be a daunting experience, but you’re not alone. Understanding your rights and having a dedicated defense attorney on your side is crucial in these circumstances.

Here, we will explore the nuances of these cases, including understanding the charges, potential defenses, and how a defense lawyer in Tampa, FL, specializing in resisting arrest, can help you navigate the legal landscape. Let’s delve into the details and arm you with the knowledge you need to defend yourself effectively.

An Overview of the Crime of Resisting Arrest in Florida

In Florida, two distinct statutes address resisting arrest: one for resisting arrest with violence and another for resisting arrest without violence. These statutes differentiate between the two scenarios and provide legal clarity regarding the nature of the resistance involved.

Resisting arrest with violence happens when someone intentionally and willingly obstructs or opposes an officer by using or threatening violence. It’s also against the law to resist, oppose, or obstruct an officer without violence or the threat of violence.

The statute for resisting arrest without violence doesn’t include the words “knowingly and willfully,” which is an important difference. Another distinction is the penalties upon conviction: resisting arrest with violence is a felony while resisting arrest without violence is a misdemeanor.

Resisting arrest typically refers to charges against someone who hinders, opposes, or delays law enforcement while they are carrying out their official responsibilities. The offense of resisting arrest commonly involves these elements:

  • When someone intentionally tries to interfere, delay, or stop a law enforcement officer from lawfully making an arrest or detention.
  • Disregarding a request or signal from law enforcement to halt.
  • Getting into a physical fight with a law enforcement officer.
  • Engaging in actions that pose a significant threat of physical harm to a law enforcement officer.

It’s worth noting that in Florida, law enforcement officers have the authority to arrest someone without a warrant in specific situations. Considering that most states offer these exemptions, it’s important to understand the right behavior to follow when you’re being apprehended.

Contact Us Today!

Penalties for Resisting Arrest in Tampa, FL

Resisting an officer with violence is categorized as a third-degree felony, whereas resisting an officer without violence is regarded as a first-degree misdemeanor. Penalties for a third-degree felony include a prison sentence of up to 5 years and/or fines of up to $5,000.

Similarly, for a misdemeanor of the first degree, the potential penalties include a prison term of up to 1 year and/or fines of up to $1,000. Even if you resist multiple officers at the same time, you will still only be charged with one count of resisting arrest. Contact a local defense attorney immediately if you face multiple charges for resisting arrest.

Understanding How a Resisting Arrest Charge Can Impact Your Case

If you are arrested in Tampa, FL, being charged with resisting arrest is a serious offense. Not only can it carry significant penalties if convicted, but it can also impact other pending cases that you may have.

For instance, your criminal record will be affected and could potentially lead to future employers or even landlords denying you the opportunity to be hired or rent a home. It’s important to speak with a criminal defense lawyer to find out how they can help you if you’re facing these charges.

When faced with an arrest, it’s essential to clearly understand the police’s authority within the boundaries of the law. It is also crucial to bear in mind that it is always advisable to cooperate with law enforcement officers. Nonetheless, being aware of your rights when confronted with an arrest is equally important.

Possible Legal Defenses to Resisting Arrest Charges in Tampa, FL

A defense attorney for resisting arrest in Tampa, FL, knows that each case is unique and requires a tailored approach. Here are some commonly employed defenses against charges of resisting arrest:

  • No obstruction of justice: If the accused did not hinder law enforcement’s efforts, they can use this defense in court.
  • No violence or threat of violence: Resisting arrest charges must include a violent act or the threat of violence to be pursued in court.
  • Unlawful arrest: The police must have probable cause to make an arrest. If the person was arrested unlawfully, this can be used as a defense.
  • Self-defense: The accused may have acted in self-defense if they felt that their safety was at risk.

These strategies need to be approached with the utmost caution. If you’re in legal trouble for resisting arrest, it’s important to consult with an experienced criminal defense attorney in Tampa, FL, who can examine your case and devise a strong defense strategy.

The Importance of Having an Experienced Lawyer for Resisting Arrest in Tampa, FL

When it comes to facing charges of resisting arrest in Tampa, FL, having an experienced lawyer can be pivotal. Here’s why you need expert legal representation:

  • Legal expertise: A seasoned attorney understands the nuances of resisting arrest laws in Florida and can build a strong defense tailored to your case.
  • Evidence assessment: They will thoroughly examine the evidence against you, looking for any inconsistencies or violations of your rights.
  • Negotiation skills: A skilled lawyer can negotiate with prosecutors to potentially reduce charges or secure a more favorable outcome.
  • Protecting your rights: Your attorney will ensure that your rights are upheld throughout the legal process, safeguarding your interests.
  • Courtroom experience: Their courtroom experience can make a significant difference in presenting your case effectively before a judge and jury.
  • Peace of mind: With a lawyer by your side, you can confidently navigate the legal system, knowing you have a dedicated advocate fighting for your rights.

Don’t Let Resisting Arrest Charges Derail Your Future

Resisting arrest charges in Tampa, FL, can have severe implications on your life and future. The law can be complex, and each case is unique with its own set of circumstances. Remembering that you have the right to a fair defense is crucial. If you find yourself facing such charges, it is advisable to seek immediate legal assistance.

At Smith & Eulo, we specialize in providing robust defense strategies for resisting arrest charges. Our experienced legal team is here to protect your rights and help you navigate the complex legal landscape. Don’t face these charges alone; let us help you. Contact us today for a consultation.