What To Do After Resisting Arrest
Individuals who resist a lawful arrest by law enforcement will face an additional charge to the cause of their arrest. Those who are accused of resisting arrest are typically accused of doing so in an aggressive and physical manner. If the circumstance increases to the point of assault or battery of a peace officer, the accused can be charged with a third-degree felony. When no violent action is taken in the midst of the action, resisting arrest may be charged as a first-degree misdemeanor.
Whether accused of resisting arrest with or without violence, you will need the legal assistance of a seasoned criminal defense lawyer. The Miami resisting arrest attorneys at Beckham Solis, Attorneys at Law, can offer skilled counsel to clients across Miami-Dade County in the face of misdemeanor or felony resisting arrest charges.
Understanding The Four Elements Of A Charge
Four elements must be proven beyond a reasonable doubt for a resisting arrest conviction to be made:
- Knowing and willful resisting by the defendant
- The officer was engaged in a legal process
- The officer was a member of law enforcement
- The officer’s status was known to the defendant
Penalties for resisting an officer without violence can include a maximum prison sentence of one year and probation or a fine. When violence is present, a judge can convict the defendant with penalties including up to five years in prison, up to five years of probation and a fine of up to $5,000.
Common Defense Strategies We Utilize
At Beckham Solis, Attorneys at Law, we know that you are facing a difficult circumstance that will require a strong defense. With the testimony of the peace officer against you, every available resource will need to be used in your defense. If your case did not involve violence, a possible defense is that you simply wanted to find out more before being arrested. Even when violence is involved, our Miami resisting arrest attorneys can help you build a strong case to avoid a conviction.
Act Now; Call Our Office Today
Charges for resisting an officer will substantially increase your penalties, and we can be by your side to ensure that no factor that can be used in your defense is missed. With our experience defending resisting arrest charges in the Miami area, our proven attorneys can help you fight these serious charges. Don’t hesitate to call 786-785-2101 or send us an email today!