15th Jun 2023
In order to convict a person of Wearing a Disguise, the state must prove beyond a reasonable doubt, the following:
The defendant disguised himself or herself;
By disguising himself or herself, the defendant had the intention of:
– Obstructing the due execution of the law; or
– Intimidating, hindering or interrupting an officer (the defendant must know or should have known that the individual was a law enforcement officer); and
The officer was exercising his or her rights under the constitution or the laws of this state.
There are several defenses that can be raised. These include, without limitation, the following:
The defendant did not know or have reason to know that the individual was a law enforcement officer;
The defendant has a good reason to change his or her clothes that was not for the purposes of a disguise;
The defendant’s appearance was not really changed;
It was warm out and the defendant decided to remove clothes; and
It was cold out and the defendant put on more clothes.
In Florida, a person who commits the crime of Obstruction by Wearing a Disguise will be convicted of a first-degree misdemeanor, which is punishable by up to one year in prison and a $1,000 monetary penalty.
If you have been charged with obstruction of justice in Miami, then you may want to call an experienced criminal defense attorney for legal advice.