Resisting Arrest

Resisting an officer with violence is far too common in Florida criminal courts, and many defendants should never have been charged in the first place. If you or a loved one has been charged with resisting with violence do not gamble with your future by expecting wrongful charges to be dropped. It takes skill, knowledge and effort to convince state prosecutors to not go forward in a case, and criminal defense lawyer Benjamin Herbst has successfully argued for numerous dismissals in all South Florida and Treasure Coast courts. Benjamin specializes in defending clients charged with resisting an officer with violence and he fights for the best possible outcome at all stages of the case. From the minute he is retained Benjamin will try to argue for the case to be marked as “no info”, which means the state will not file formal charges. If formal charges are filed Benjamin will continue to fight and never backs down from advising his clients to go to jury trial, if that is the best decision. Contact Benjamin at (954) 543-0305 to discuss the defenses that may be available in your case, and to set up a free consultation. Benjamin defends clients in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie Counties, and is always available to provide legal advice.

Under Florida law resisting an officer with violence is classified as a third-degree felony that is punishable by up to 5 years in prison. Resisting with violence requires that the state prove two things. First that the defendant knowingly and willingly resisted, obstructed or opposed any officer during the course of their legally authorized duties. Resisting often occurs during an arrest, while obstruction and opposing can occur during an altercation. Under Florida law the definition of an officer is extremely broad, and includes numerous different government and private employees such as police officers, probation officers and court security personnel. The state must then prove that the defendant committed the act with violence to the person, which typically means intentional, aggressive and malicious and physical contact. Simply twisting or jerking in response to being detained would not qualify as resisting with violence, but unfortunately police officers have the tendency to embellish the facts in order to justify their own excessive force. Benjamin Herbst has successfully prevailed in multiple jury trials where his clients were facing resisting with violence charges, and he is ready to take on the state in your case.

It is important to understand that proof of injury is not an element of resisting an officer with violence under Florida law. Any violent act toward an officer such as a kick, slap or punch can be considered violent regardless of the actual amount of force that was used. Officers routinely deny medical treatment in resisting cases, and pictures showing redness or bruising will often barely be visible. Benjamin will make sure the jury is well aware that police and other law enforcement tend to exaggerate encounters with defendants, which is especially common in cases where the defendant was roughed up. If you are facing criminal charges for resisting an officer with violence call South Florida criminal lawyer Benjamin Herbst at (954) 543-0305 to find out how he can fight for you. He is available 7 days a week to speak, and has flexible meeting hours in his Fort Lauderdale and West Palm Beach office locations. Benjamin provides all clients with his cell phone number, and is never too busy to speak about the case.