Jessica J. Travis has taken all forms of Resisting Arrest to jury trial.
Types of Resisting Arrest/ Penalties/ Defenses
Resisting Arrest crimes include those that obstruct or harm the police:
Resisting Without Violence (RWOV), Florida Statutes, Section 843.02:
- Knowingly & willingly,
- Resisted, obstructed or opposed,
- A law enforcement officer engaged in a duty recognized by law.
Examples: Tensing while being handcuffed; failing to obey command; giving false name or information.
Resisting With Violence (RWV), Florida Statutes, Section 843.01:
- Same elements as RWOV plus a violent act OR an offer to commit a violent act.
- Resisting WITHOUT Violence: 1st degree misdemeanor punishable by up to 12 months of jail/ probation and/or $1,000 fine.
- Resisting WITH Violence: 3rd degree felony punishable by up to 5 years in prison/ probation and/ or $5,000 fine.
Defenses to Resisting With and Without Violence charges include:
- Officer’s conduct was not legal and, thus, officer was not engaged in the execution of a legal duty. Often seen in cases of illegal stop, detention or search.
- Officer used excessive force and arrestee was justified in defending himself.
- Arrestee did not know he was engaging with a law enforcement officer because it was dark or officer was in plain clothes.
- Arrestee’s actions were not violent and/ or were merely in response to officers handcuffing or grabbing him without warning.
- Arrestee’s conduct was merely offensive words that did not make the officer’s job harder.
- Officer bias and contradiction by other witnesses.
Fleeing & Eluding
Fleeing and Eluding, Florida Statutes, Section 316.1935:
- Arrestee was operating a vehicle on a street or highway;
- Law enforcement officer ordered Arrestee to stop or remain stopped;
- Arrestee knew about the order;
- Arrestee willfully fled or refused to stop;
- In an attempt to elude the officer.
- Fleeing & eluding (no lights or sirens), 3rd degree felony: Up to 5 years prison/ probation and/ or $5,000 fine.
- Lights & sirens activated, 3rd degree felony: Up to 5 years prison/ probation and/ or $5,000 fine.
- Lights & sirens activated with high speed or reckless driving, 2nd degree felony: Up to 15 years prison/ probation and/ or $10,000 fine.
- Lights & sirens activated with high speed or reckless driving and causing serious bodily injury or death, 1st degree felony: Mandatory 3 years in prison/ Up to 15 years prison/ probation and/ or $10,000 fine.
In addition to the above, Fleeing & Eluding carries a mandatory driver’s license suspension ranging from 1 to 5 years.
Defenses to Fleeing and Eluding charges:
- Driver was attempting to stop.
- Driver was unaware that undercover or unmarked vehicle was an officer.
- Driver was unaware of the order to stop.
False Information to Police
Giving False Information to Police, Florida Statutes, Section 837.05:
- Defendant willfully gave false information about an actual crime;
- To a known law enforcement officer;
- Knowing the information was false.
Making a False Report of a Crime (police report), Florida Statutes, Section 817.49:
- Defendant willfully gave, or caused to be given, false information about an alleged crime;
- To a known law enforcement officer;
- Knowing the information was false because no crime had been committed.
- Giving False Information to Police:
- 1st offense: 1st degree misdemeanor carrying up to 12 months jail/ probation and/ or $1,000 fine.
- 2nd offense or concerning a capital felony: 3rd degree felony carrying up to 5 years prison/ probation and/ or $5,000 fine.
- Making a False Report of a Crime:
- 1st degree misdemeanor carrying up to 12 months in jail/ probation and/ or $1,000 fine.
- Information not false.
- Defendant was mistaken and did not knowingly reporting false facts.
- Defendant did not intend to relay the false information to law enforcement.
Battery on Law Enforcement Officer
- For more information on Battery on Law Enforcement charges, click here: Assault & Battery
Jessica J. Travis has defended all types of Resisting Arrest charges and is familiar with defenses and sentencing options. Call The Travis Law Firm, PLLC for a free consultation for Resisting Arrest charges in Brevard County, Florida: 321-728-7280.
Note: Florida laws are constantly changing. Please contact a Florida criminal defense attorney to make sure you have the most up-to-date information about the crime, penalties and defenses that you are researching. The information on this page is for informational purposes only and should not be relied upon in making important decisions.