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?


Asked on 10/15/09, 11:23 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

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.

Read more
Answered on 10/16/09, 11:31 am


Related Questions & Answers

More Criminal Law questions and answers in Florida