Police officers can charge someone with resisting arrest for a number of different reasons, however, only some of them are actually valid and considered true resisting. If you’ve found yourself being charged with resisting arrest, it’s crucial that you know what does and what doesn’t constitute the crime and how you can defend yourself against the charges. An experienced Palm Beach attorney can help.
Resisting Arrest Defined
The definition of resisting arrest is simple — if you willfully attempt to prevent a police officer from placing you under arrest by providing them with false identification, running, hiding, or even threatening them, you may be charged with resisting.
However, there are some situations where police will charge a person with resisting arrest when they weren’t actually resisting. For example, if a person cusses at a police officer — while not a smart thing to do — they essentially aren’t resisting unless they are also fighting, running away, or engaging in some other action that would be considered an attempt to prevent an arrest. Still, many officers will threaten to charge or actually charge an individual with resisting for simply saying a few swear words or expressing their disagreement with the arrest.
Top Defenses Against Resisting Arrest
Which defense strategy your lawyer uses in your case will largely be based on the facts surrounding your arrest. For example, your attorney may suggest that:
- You should not be charged because the arrest itself was unlawful (e.g. if you were arrested while the police were illegally searching your home).
- You should not be charged because the police officer failed to identify themselves.
- You should not be charged because you were only belligerent and didn’t actually engage in actions that were an attempt to prevent the arrest from happening.
- You should not be charged because the police were too forceful with you during the arrest and you were only resisting in an attempt to protect yourself from bodily harm.
Contact an Experienced Attorney Today for Help
If you’ve been charged with resisting arrest by a police officer in Florida, it’s crucial that you get the help you need to defend your rights under the law. At the Law Office of Michael T. Rabideau, we have a comprehensive understanding of how citizens can mount solid defenses against resisting arrest charges and we’re committed to going above and beyond the call of duty for each of our clients. Contact us today for an appointment at (561) 820-4848.