Legal Question in Criminal Law in Florida
Resisting with or without violence
Resisting with or without violence
1 Answer from Attorneys
Resisting with or without violence
Resisting with or without violence usually occurs when a law enforcement decides to conduct a criminal investigation. In fact, most people do not realize that a resisting charge was added until later on in the criminal justice process. The reason is that the most minimal of actions that an officer perceives to be an obstruction to his investigation usually results in the additional charge of resisting without violence, which is a first degree misdemeanor. Examples of Resisting without Violence are fleeing from an officer or arguing with an officer during the course of his criminal investigation or arrest.. However, if the officer believes that you got physical when he attempted to conduct an investigation or make an arrest, often times a charge of Resisting with Violence is added, which is a third degree felony, punishable by up to five (5) years in Florida State Prison.
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