Resisting Arrest / Obstructing Justice

St. Petersburg Juvenile Resisting Arrest Attorney

If you have been arrested for DUI at a DUI Roadblock or Sobriety Checkpoint in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Defense Attorney, for specific information on DUI Roadblock and Sobriety Checkpoint cases in Pinellas and Hillsborough Counties.

If your child has been arrested for Resisting an Officer With Violence or Resisting an Officer Without Violence in the Tampa Bay Area including St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County, or surrounding counties, contact the Morris Law Firm, St. Petersburg Criminal Defense Attorney, for specific information and experience on Defending Juvenile Criminal Cases in Pinellas and Hillsborough Counties.

What is Resisting Arrest?

Resisting Arrest as defined in the Florida State Statues Chapter 843, is knowingly and willfully resisting, obstructing, or opposing any law enforcement officer in the execution of legal process or in the lawful execution of any legal duty.

Resisting Arrest With Violence includes resisting by threatening or actually doing violence to a law enforcement officer during their execution of legal duty.  An example of Resisting Arrest With Violence would be fighting or struggling with the law enforcement officer.  The crime of Resisting Arrest With Violence is a third degree felony punishable by up to five years in prison.

Resisting Arrest Without Violence includes resisting without using threats or actually doing violence to a law enforcement officer during their execution of legal duty.  An example of Resisting Arrest Without Violence would be telling the law enforcement officer, “No!,” or simply attempting to hide.  The crime of Resisting Arrest Without Violence is a first degree misdemeanor punishable by a fine and up to one year in jail.

Juveniles and Resisting Arrest:

Resisting Arrest charges are all too common with Juveniles.  Many minors do not realize that if they are going to be arrested, it is advisable to cooperate with the officers.  Immaturity, the gravity of the situation, and heightened emotions can often lead Juveniles to unwittingly Resist Arrest.  Additionally, Juveniles are frequently arrested while under the influence of alcohol or drugs which makes them more likely to Resist Arrest.

Unfortunately, many Juveniles do not realize that even if their original charge is dismissed, they could still face the Resisting Arrest charge which can end up on their permanent criminal record.  Juveniles often Resist Arrest when they feel they are being arrested for what is in their mind an unjustified charge.  They then compound their problems by Resisting Arrest With Violence, not fully understanding the consequences, which enhances the charges.

How to Challenge a Resisting Arrest Charge:

Juvenile cases are highly situational, and while Resisting Arrest is never advisable, there are sometimes potential defenses that may be used to reduce the charges.

Witness accounts, statements from the defendant, and mistakes by law enforcement in their execution of legal duty may be utilized to challenge a Resisting Arrest charge.

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Potential Defenses:

We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your child’s opportunity for a positive outcome.  As your criminal defense lawyer, we will represent your child at any necessary pre‐trial hearings, pre‐trial motions, and at trial.

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What To Do Next:

If your child has been arrested:

1.  Don't speak to the police - ask to have an attorney present.
2.  Don't give a written statement – again, ask to have an attorney present.
3.  Contact an attorney immediately.
4.  Collect and document your own evidence.

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You have a very narrow window of time between when your child is arrested and when the State Attorney's office makes a decision to file a criminal charge against your child.  Hiring an attorney immediately to negotiate on your child’s behalf gives you the best chance of avoiding criminal charges.

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Morris Law Firm | St. Petersburg Juvenile Resisting Arrest Attorney

If your child has been arrested for Resisting Arrest, contact a St. Petersburg Juvenile Criminal Defense Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Juvenile offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).