6th Sep 2016
A criminal defense attorney in Miami Dade will explain that resisting arrest without violence is a serious criminal charge that requires serious attention. If a person resists, obstructs or opposes a law enforcement officer in his or her execution of a legal duty, he or she can be convicted of this crime. In order to avoid such consequences, a criminal defense attorney in Miami Dade will evaluate the applicability of potential defenses such as:
Even if the law enforcement officer believed that you were resisting arrest, this is not enough of a basis to sustain a conviction. Instead, a jury must decide whether your actions rose to this level or if the officer’s beliefs were hypersensitive. There may be video or audio recordings that may dispute the officer’s recollection. Likewise, if you suddenly had a seizure or other medical condition that caused involuntary actions, this does not provide the intent necessary to justify a conviction.
When the form of resistance or obstruction is mere words without accompanying action, this is generally not sufficient grounds to sustain a conviction.
Not Performing a Legal Duty
Sometimes a defendant’s actions may rise to the level of resistance. However, he or she may still avoid conviction if it can be shown that the officer was not performing a legal duty at the time of arrest. For example, if the law enforcement officer was not on duty at the time of his or her encounter with the defendant, this defense may arise. Likewise, if the officer is acting in an illegal manner such as illegally searching the defendant or arresting him or her, the officer is not performing a legal duty and the defendant should not be convicted of resisting arrest based on these grounds.