A criminal defense attorney in Fort Lauderdale can explain that the crime of resisting an officer without violence is a serious offense that can result in a maximum penalty of one year in jail and a fine of $1,000, in addition to any other penalties based on the underlying crime that led to the initial arrest. If you are charged with resisting, obstructing or opposing a law enforcement officer who was carrying out his or her legal duties, you will need to discuss possible defenses to this charge with an experienced criminal defense attorney in Fort Lauderdale. Some defenses may include:

Unlawful Arrest

Because the law enforcement officer must be attempting to carry out a legal duty for you to be convicted of resisting officer without violence, if the underlying arrest was not legal, you cannot be convicted of this crime.

Excessive Force

If a law enforcement officer uses excessive force against you, you may be able to raise an argument that you were justified in trying to protect yourself from harm. This is a complicated defense because you are only permitted to engage in self-defense to the extent reasonably necessary.

Verbal Actions Only

If you only opposed the arrest with your words, your conduct will be unlikely to have risen to the level of resisting officer without violence. Typically, your words must be coupled with obstructive physical conduct to be convicted of this crime.

Your criminal defense attorney can evaluate the individual circumstances surrounding your case and determine if these or any other defenses apply to your case.