Resisting arrest is a criminal offense that occurs when a person intentionally resists,
obstructs, or opposes a law enforcement officer in performing their official duties. In
Naples, Florida, resisting arrest is a serious offense that can result in significant legal
consequences, including fines, jail time, and a criminal record.
If you’ve been charged with resisting arrest in Naples, it’s essential to understand your
legal rights and options. Hiring an experienced Naples resisting arrest lawyer can help you
protect your rights, build a strong defense, and achieve the best possible outcome for your
Under Florida law, resisting arrest occurs when a person knowingly and willfully
resists, obstructs, or opposes a law enforcement officer in the lawful execution
of their duties. This can include physical resistance, verbal resistance, or any
other act intended to hinder or prevent the officer from performing their
It’s important to note that a person can be charged with resisting arrest even if
they were not arrested or detained. As long as the officer was performing their
official duties, any act of resistance or obstruction can lead to a resisting
If you’re facing charges for resisting arrest in Naples, it’s crucial to
understand the legal elements of the offense. The prosecution must prove several
elements beyond a reasonable doubt to convict you of resisting arrest. These
The law enforcement officer was engaged in the lawful execution of their
The defendant resisted, obstructed, or opposed the law enforcement officer
The defendant knew or should have known that the person they were resisting
was a law enforcement officer
A skilled Naples resisting arrest attorney can challenge the prosecution’s
evidence and build a strong defense strategy on your behalf.
In Naples, the penalties for resisting arrest can be severe, particularly if the
offender causes harm to the law enforcement officer. The penalties for opposing
arrest in Florida vary depending on the circumstances of the offense.
If the offender resists an officer without violence, they can be charged with a
first-degree misdemeanor. The penalties for a first-degree misdemeanor may
include up to one year in jail and/or fines of up to $1,000. If the offender
resists an officer with violence, they can be charged with a third-degree
felony. The penalties for a third-degree felony can include up to five years in
prison and/or fines of up to $5,000. Additionally, if the offender causes bodily
harm to a law enforcement officer while resisting arrest, they can be charged
with a second-degree felony. The penalties for a second-degree felony can
include up to 15 years in prison and fines of up to $10,000.
Will Resisting Arrest Automatically Result in
The charge of resisting arrest is a separate charge from other charges that may
be associated with the incident, such as disorderly conduct or assault. However,
if the resistance involves violence or threat of violence, this could lead to
additional charges, such as assault on a law enforcement officer.
If you’ve been charged with resisting arrest in Naples, it’s vital to understand
that there are several potential defense strategies that an experienced Naples
opposing arrest lawyer can use to help you fight the charges. The following are
common defense strategies used:
If the officer did not have a valid reason for arresting you, any resistance
on your part may be deemed justified.
If you acted out of confusion, fear, or other factors beyond your control,
your lawyer might be able to argue that you did not intend to resist the
If the officer used excessive force, any resistance on your part may be seen
as an attempt to protect yourself from harm.
If the prosecution does not have sufficient evidence to prove that you resisted
arrest, your Naples resisting arrest lawyer may be able to argue a lack of
evidence. Your charges may be dropped if the evidence is proved insufficient.
While it’s always best to avoid interactions with law enforcement officers that
could lead to a resisting arrest charge, there are some tips you can follow to
protect your rights and avoid escalating the situation. These include:
Always remain calm and polite when interacting with law enforcement
officers. Avoid using offensive language or making threatening gestures.
If you are asked to provide identification or answer questions, comply with
the officer’s request. Refusing to provide identification or answer
questions can be seen as an act of resistance and may lead to further legal
If you believe that the officer is violating your rights or using excessive
force, remain calm and request the presence of a supervisor or another
It’s essential to remember that resisting arrest charges can be challenging to
fight, and it’s usually best to avoid any behavior seen as resistance.
Contact a Naples Resisting Arrest Lawyer at the Law Office of
Robert H. Hanaford
If you’ve been charged with resisting arrest in Naples, it’s essential to contact an
experienced criminal defense attorney as soon as possible. A Naples resisting arrest
attorney can help you understand your legal rights and options, build a strong defense, and
work to achieve the best possible outcome for your case.
At the Law Office of Robert H. Hanaford, our Naples criminal defense attorneys have years of
experience defending clients charged with resisting arrest and other criminal offenses. We
understand the complexities of the criminal justice system and will work tirelessly to
protect your rights and achieve the best possible outcome for your case. Don’t wait, call (239) 351-1904 or Contact us online today to schedule a consultation and get the
legal help you need.
Hanaford Law Offices is a criminal defense attorney providing
high-quality legal services in Florida across Naples SW Florida and Chicago Illinois.