Legal Question in Criminal Law in Florida
What's the legal definition of "resist officer-obstruct wo/vilence" ? and what dose a prosecutor have to prove to win?
1 Answer from Attorneys
It's a very vague definition. The law just says that it's a crime to resist, oppose, or obstruct an officer during his or her lawful duties. It's a pretty wide-open crime. Generally, it means refusing a lawful order from a cop, such as, "step back" or "clear the area" or "get in the car." It can also mean fighting against the handcuffs or refusing to sign a ticket. It includes all kinds of activities.
The prosecutor has to prove:
1) a resistance, obstruction or opposition
2) while the officer was engaged in a lawful duty
3) that the officer was actually a police officer, deputy, etc.
4) that the defendant knew that officer was an officer.
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