Justia Lawyer Rating
Super Lawyers
The National Trial Lawyers
Avvo Rating

Resisting an Officer Without Violence

Resisting an officer without violence is one of the most overcharged crimes in the state of Florida. Police officers are well aware that they can charge a defendant with resisting absent any objective proof, and sadly it is often used to justify an otherwise illegal arrest. If you have been charged with resisting an officer without violence do not gamble with your future by showing up to court without a lawyer. You may think that prosecutors will simply drop or dismiss frivolous cases, but this rarely happens without receiving pressure from an attorney. Benjamin Herbst is an experienced South Florida criminal defense lawyer who specializes in representing clients charged with resisting an officer without violence. He has successfully defended numerous clients against this charge in the courthouses of Miami-Dade, Broward and Palm Beach County, and also fights for clients facing charges in the Treasure Coast jurisdictions of Martin and St. Lucie County. Benjamin is available to discuss your case anytime at (954) 543-0305 and has flexible meeting hours in his Fort Lauderdale and West Palm Beach offices. Call Benjamin to find out how you can fight back against the state in this far too common criminal charge.

Resisting an officer without violence has an extremely broad definition under Florida law, which means officers have too much power when deciding whether to charge a suspect. The most common scenario for this charge occurs when a suspect is accused of resisting arrest. Resisting arrest without violence could mean anything from not allowing an officer to handcuff you, to moving and twisting your body while officers are attempting to detain you. Resting arrest charges are especially common in cases where is a suspect is injured while being taken into custody. Unfortunately, many dishonest police officers will try to justify their excessive use of force by stating that the suspect resisted arrest. Resisting without violence can also be charged in cases where a defendant is accused of obstructing an officer in any manner. Disobeying a lawful order can be considered obstruction, as well as any type of behavior that could be considered opposing an officer. A short tempered or inexperienced law enforcement officer could charge a person with resisting for arguing or even filming police activity, and this happens often in Florida.

It is important to know that under Florida statute 843.02, charges for resisting an officer are not just limited to police officers. Any FDLE officer, probation officer, parole officer, or corrections officer acting in an official duty may be considered a victim for the purposes of a resisting charge. A court deputy or other court security officer could also be included, so confrontations in the courthouse can lead to additional charges. A charge for resisting an officer without violence is considered a first-degree misdemeanor under Florida law, and depending on the defendant’s prior record a jail sentence may be a realistic outcome if the case is not handled properly. Benjamin Herbst is a South Florida criminal lawyer who specializes in resisting without violence, and fights tooth and nail to have his client’s charges dropped or dismissed before the case goes to court. If the case is already set for court he will continue to fight until the best possible outcome is reached, and will not hesitate to recommend a jury trial if that is the best option. Florida citizens understand that police officers have a tendency to abuse their power and authority, and Benjamin will make the jurors understand that this kind of abuse of power happens all too frequently. Benjamin has won numerous jury trials where officers were alleged to be victims, and he is more than prepared to fight for you in your South Florida resisting case.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.