Resisting Arrest in Miami-Dade
Miami Criminal Defense Attorneys
Individuals who resist a lawful arrest by law enforcement who is performing his or her legal duties will face an additional charge to the cause of their arrest. Those who resist arrest typically do so in an aggressive and physical manner. If the circumstance increases to the point of assault or battery of a peace officer, the accused can be guilty of a third-degree felony.
When no violent action is taken in the midst of the action, the offense will be charged as a first-degree misdemeanor. Whether resisting arrest with or without violence, you will need the legal assistance of our Miami criminal defense attorneys.
Defense Strategies for Resisting Arrest
At DeFabio, Beckham & Solis, we know that you are facing a difficult circumstance that will require strong defense. With the testimony of the peace officer against you, every available resource will need to be used in your defense. If your case did not involve violence, a possible defense is that you simply wanted to find out more before being arrested. Even when violence is involved, our firm can help you build a strong case to avoid a conviction.
Charges for resisting an officer will substantially increase your penalties and we can be by your side to ensure that no factor that can be used in your defense is missed. Four elements must be proven beyond a reasonable doubt for a conviction to be made and these include:
- Knowing and willful resisting by the defendant
- The officer was engaged in a legal process
- The officer was a member of law enforcement
- The officer's status was known to the defendant.
Penalties for resisting an officer without violence can include a maximum sentence of one year and probation or a fine. When violence is present, a judge can convict the defendant with penalties including up to five years in prison, up to five years of probation and a fine of up to $5,000.
Our proven and experienced criminal defense firm can help you fight these serious charges, so don't hesitate to contact us at your earliest convenience!