How to Get Resisting Arrest Charge Dropped
How to Get Resisting Arrest Charge Dropped
As a misdemeanor of the first degree in the state of Florida, resisting arrest is a common reason for individuals to seek counsel from Weinstein Legal. Having a criminal conviction on your record can badly affect your life for many years, which is why it is crucial to find an experienced criminal defense attorney who is familiar with how to overcome a resisting arrest charge.
Matt Shafran, the head of Weinstein Legal’s criminal defense group, is a Florida resisting arrest attorney. Mr. Shafran has years of expertise representing clients in court and has assisted countless litigants in achieving favorable outcomes. You need an attorney who will persistently battle to prove your innocence and safeguard your rights. Mr. Shafran is prepared to accept your case and will give you with a no-obligation, free case evaluation before proceeding.
What Elements Constitute Resisting Arrest?
The prosecutor must prove four essential aspects of resisting arrest in a court of law. However, the law leaves some discretion to the arresting officer, which can result in unjustified accusations. In order to have your charges dropped, you must have an aggressive attorney working on your behalf. You must retain an attorney knowledgeable with resisting arrest defense strategies.
What Elements Constitute Resisting Arrest?
The prosecutor must prove four essential aspects of resisting arrest in a court of law. However, the law leaves some discretion to the arresting officer, which can result in unjustified accusations. In order to have your charges dropped, you must have an aggressive attorney working on your behalf. You must retain an attorney knowledgeable with resisting arrest defense strategies.
1.You must fight a law enforcement officer, obstruct them from doing their duties when arresting you, or oppose a law enforcement officer during an arrest.
2.The law enforcement official must be actively engaged in the execution of a legal process or obligation at the moment of resistance, obstruction, or dissent.
3.The law enforcement official must be legally allowed to undertake such a procedure.
4.You must deliberately resist, obstruct, or oppose the law enforcement officer, and you must be aware that they are police officers.
What level of resistance must a prosecutor demonstrate?
In the state of Florida, a resisting arrest accusation may be based on either acts of violence or resistance or threats of violence. This criterion encompasses any form of physical violence, such as striking an officer or hurling an object at one. In addition, threatening an officer while they are attempting to arrest you constitutes resisting arrest.
It is vital to emphasize that disagreeing with a law enforcement officer during an arrest does not constitute opposition. Occasionally, though, arguments and shouting may qualify. In order to determine how to overcome a resisting arrest charge, you must have an experienced attorney examine the specifics of your case.
In these situations, it is frequently advantageous to study the body cam or dashcam footage of the incident to see if the defendant’s conduct constitute a criminal prosecution for resisting arrest.
Defenses For Resisting Arrest
Do not lose hope if you are facing accusations for resisting arrest. An competent criminal defense attorney will examine the details of your case and collect evidence to prove your innocence. This evidence may include the previously mentioned camera footage, the arresting officer’s testimony, and additional eyewitness testimony. In addition, surveillance footage from a nearby company or video obtained by a spectator may be admissible as evidence. When contemplating how to overcome a resisting arrest charge, an attorney may apply a variety of typical defenses.
Self-Defense/Excessive Use Of Force
It is forbidden for law enforcement agents to use excessive force against those they arrest. If a police officer uses excessive force against you, you may have a case not just to have charges of resisting arrest dropped, but also to file a countersuit against the police department.
Insufficient Evidence Or Inability To Confront Your Accuser
The prosecutor’s office must have evidence that establishes beyond a reasonable doubt that you are guilty of resisting arrest in order to condemn you. Frequently, the word of a police officer is insufficient to establish guilt. To support law enforcement’s assertions, there must be adequate documentation of the event, supporting evidence from individuals present at the time of the arrest, or audio/video recording.
In addition, you have the opportunity to face your accuser in a court of law as the defendant. The accuser in an allegation of resisting arrest is the arresting officer. If your police officer is unable or unwilling to attend in court, you may have your charges dismissed.
Officer fails to provide identification
A person’s awareness that they are resisting an officer of the law is one of the essential factors of resisting arrest. If a police officer fails to properly identify themselves before to an arrest and the defendant cannot fairly be expected to recognize them as law enforcement, you may have a defense.
Schedule a Free Consultation
Contact Weinstein Legal now and ask for criminal defense attorney Matt Shafran if you are facing criminal charges and need to know how to have resisting arrest charges reduced. Mr. Shafran will vigorously defend your rights and do everything in his power to secure a good conclusion for you. Do not face charges of resisting arrest alone. A conviction will appear on your permanent record, which prospective employers, landlords, and others will be able to view. It may be possible to lessen or dismiss your charges.
However, in order to have the best possible chance of beating a resisting arrest charge, you need the assistance of an attorney who is familiar with how to do so. Attorney Matt Shafran will offer you with a free case evaluation in which he analyzes the circumstances surrounding your arrest and recommends your next course of action. The phones at Weinstein Legal are available 24/7, 365 days a year, and no need for assistance is ever ignored.
What level of resistance must a prosecutor demonstrate?
How much “resistance” must a prosecution demonstrate to show guilt? This is an issue frequently asked by those seeking to have resisting arrest charges reduced. What constitutes resistance? The phrase “to hinder or oppose” might lead to varying interpretations of the crime of resisting arrest.
In the state of Florida, a resisting arrest accusation may be based on either acts of violence or resistance or threats of violence. This criterion encompasses any form of physical violence, such as striking an officer or hurling an object at one. In addition, threatening an officer while they are attempting to arrest you constitutes resisting arrest.
It is vital to emphasize that disagreeing with a law enforcement officer during an arrest does not constitute opposition. Occasionally, though, arguments and shouting may qualify. In order to determine how to overcome a resisting arrest charge, you must have an experienced attorney examine the specifics of your case.
In these situations, it is frequently advantageous to study the body cam or dashcam footage of the incident to see if the defendant’s conduct constitute a criminal prosecution for resisting arrest.
Defenses For Resisting Arrest
Do not lose hope if you are facing accusations for resisting arrest. An competent criminal defense attorney will examine the details of your case and collect evidence to prove your innocence. This evidence may include the previously mentioned camera footage, the arresting officer’s testimony, and additional eyewitness testimony. In addition, surveillance footage from a nearby company or video obtained by a spectator may be admissible as evidence. When contemplating how to overcome a resisting arrest charge, an attorney may apply a variety of typical defenses.
Self-Defense/Excessive Use Of Force
It is forbidden for law enforcement agents to use excessive force against those they arrest. If a police officer uses excessive force against you, you may have a case not just to have charges of resisting arrest dropped, but also to file a countersuit against the police department.
Insufficient Evidence Or Inability To Confront Your Accuser
The prosecutor’s office must have evidence that establishes beyond a reasonable doubt that you are guilty of resisting arrest in order to condemn you. Frequently, the word of a police officer is insufficient to establish guilt. To support law enforcement’s assertions, there must be adequate documentation of the event, supporting evidence from individuals present at the time of the arrest, or audio/video recording.
In addition, you have the opportunity to face your accuser in a court of law as the defendant. The accuser in an allegation of resisting arrest is the arresting officer. If your police officer is unable or unwilling to attend in court, you may have your charges dismissed.
Officer fails to provide identification
A person’s awareness that they are resisting an officer of the law is one of the essential factors of resisting arrest. If a police officer fails to properly identify themselves before to an arrest and the defendant cannot fairly be expected to recognize them as law enforcement, you may have a defense.
