The Koger Building
Corner of 9th Street North & Gandy Blvd.
9721 Executive Center Drive North, Suite 120
St. Petersburg, FL 33702
Obstructing resisting arrest or Opposing a Law Enforcement Officer St. Petersburg / Clearwater Criminal Defense Lawyers
Florida’s Resisting Arrest without Violence Obstruction statute includes a prohibition on persons who resist arrest without violence or obstruct or oppose a police officer in their performance of a legal duty. For example, a passenger of a motor vehicle who interferes with law enforcement’s efforts to conduct a DUI investigation of the driver, is often arrested for the offense of Resisting or Obstructing an Officer without Violence.
Resisting an officer without violence is a first degree misdemeanor offense punishable by up to one year in the Pinellas County Jail and up to a $1,000 fine under Florida Statute 843.02. This charge can be brought as a companion or second offense to another criminal charge. For example, following a DUI arrest, law enforcement officers will typically add this second charge to a motorist who is uncooperative while being handcuffed or difficult during the arrest or transport process.
The facts of your case may suggest that arresting you for this offense may have been an inappropriate decision on the part of the police officer. Likewise, adding this second charge might be viewed as excessive or vindictive in nature. Simply because you have been arrested, does not mean that the Pinellas County State Attorney’s Office has to file formal charges against you. We may be able to intervene early and provide your side of the story to the case assigned prosecutor. This strategy may be effective in persuading the State not to file a formal charge and declining to prosecute you altogether.
The offense of “Resisting Arrest without Violence” may maye you a candidate for the Pinellas County State Attorney’s Office Pre-Trial Intervention (Diversion) Program. Acceptance into this program may mean your being excused from attending court appearances at the Pinellas County Criminal Justice Center in Clearwater. Your successful completion of the program will result in a dismissal of the charge.Click Here to learn more about getting your charge dismissed.
If it becomes necessary to negotiate a plea bargain with the Prosecutor and Judge, we may be able to raise mitigating circumstances designed to avoid formal conviction or incarceration. Click Here to learn about how a “Withholding of Adjudication” can avoid a formal criminal conviction.
A negotiated final disposition or outcome may be structured to:
The facts and circumstances surrounding each Resisting Arrest without Violence Obstruction charge are unique. We are former State Prosecutors who learned street-level law enforcement tactics from the inside. As such, we are well acquainted with the variety of circumstances that may have led to your arrest. As St. Petersburg / Clearwater lawyers, we are also familiar with arguments that could potentially lead to justifying or excusing your alleged conduct. We can provide you with the representation you need in defense of your case.