Naples Resisting Arrest Lawyer

In Naples, the penalties for resisting arrest can be severe, particularly if the offender causes harm to the law enforcement officer. The penalties for opposing arrest in Florida vary depending on the circumstances of the offense.

If the offender resists an officer without violence, they can be charged with a first-degree misdemeanor. The penalties for a first-degree misdemeanor may include up to one year in jail and/or fines of up to $1,000. If the offender resists an officer with violence, they can be charged with a third-degree felony. The penalties for a third-degree felony can include up to five years in prison and/or fines of up to $5,000. Additionally, if the offender causes bodily harm to a law enforcement officer while resisting arrest, they can be charged with a second-degree felony. The penalties for a second-degree felony can include up to 15 years in prison and fines of up to $10,000.

Will Resisting Arrest Automatically Result in Additional Charges?

The charge of resisting arrest is a separate charge from other charges that may be associated with the incident, such as disorderly conduct or assault. However, if the resistance involves violence or threat of violence, this could lead to additional charges, such as assault on a law enforcement officer.

If you’ve been charged with resisting arrest in Naples, it’s vital to understand that there are several potential defense strategies that an experienced Naples opposing arrest lawyer can use to help you fight the charges. The following are common defense strategies used:

• If the officer did not have a valid reason for arresting you, any resistance on your part may be deemed justified.
• If you acted out of confusion, fear, or other factors beyond your control, your lawyer might be able to argue that you did not intend to resist the officer.
• If the officer used excessive force, any resistance on your part may be seen as an attempt to protect yourself from harm.

If the prosecution does not have sufficient evidence to prove that you resisted arrest, your Naples resisting arrest lawyer may be able to argue a lack of evidence. Your charges may be dropped if the evidence is proved insufficient.

While it’s always best to avoid interactions with law enforcement officers that could lead to a resisting arrest charge, there are some tips you can follow to protect your rights and avoid escalating the situation. These include:

• Always remain calm and polite when interacting with law enforcement officers. Avoid using offensive language or making threatening gestures.
• If you are asked to provide identification or answer questions, comply with the officer’s request. Refusing to provide identification or answer questions can be seen as an act of resistance and may lead to further legal trouble.
• If you believe that the officer is violating your rights or using excessive force, remain calm and request the presence of a supervisor or another officer.

It’s essential to remember that resisting arrest charges can be challenging to fight, and it’s usually best to avoid any behavior seen as resistance.