15th May 2023
Resisting Arrest: Penalty
The penalty for resisting arrest varies according to the severity of the altercation between the offender and the arresting officer. As stated in Florida Statute Title XLVI Chapter 843.01 and 843.02, the following punishment awaits those who commit this crime:
Chapter 843.01: Any individual who violently resists an arrest conducted by a police officer or any legal personnel will be charged with a 3rd-degree felony, resulting in a $5,000 fine and/or 5 years of imprisonment.
Chapter 843.02: Any individual who resists an arrest (without violence) conducted by a police officer or any legal personnel will be charged with a 1st-degree misdemeanor, resulting in a $1,000 fine and/or imprisonment for 1 year.
Resisting Arrest: With or Without Acts of Violence
The charges of Resisting an Officer Without Violence (a first-degree misdemeanor punishable by 364 days in jail) and Resisting an Officer with Violence (a third-degree felony punishable by up to five years in prison) are distinct.
Resisting an Officer is typically an add-on charge, meaning that the police officer adds it on top of other offenses. It is sometimes an officer’s last-ditch attempt to find anything to charge someone with, and most people are unaware that this charge was added. Even if a prosecutor believes the accusation is without validity, they are hesitant to dismiss it because their position requires them to work closely with law enforcement.
People can face resisting arrest charges by simply tensing one’s arms, walking away, and voicing one’s opinion, among others.
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.