Attorney Sam Masters, Defends Individuals in Daytona Beach, Port Orange, Ormond Beach and Both Flagler and Volusia Counties
Sam N. Masters, the founder of Sam Masters Legal, is experienced in Florida law dealing with resisting without violence Florida cases. His more than 35 years of criminal trial experience makes Sam Masters Legal the perfect choice to represent you or a loved one who has been charged with Resisting or Obstructing Officer without Violence.
- The Florida statutes regarding Resisting Officer without Violence to his or her person is contained in Chapter 843. The Law requires specific penalties for “Whoever shall resist, obstruct or oppose any officer” while in the lawful execution of any legal duty.
Any officer is defined under that law as any of the following:
- Full or part-time law enforcement officer who has the authority to bear arms and make arrests
- Correctional officer
- Full or part-time correctional probation officer
- Auxiliary law enforcement officer
- Auxiliary correctional officer
- Member of the parole commission or any administrative aide or supervisor employed by the commission
- County probation officer
- Parole and probation supervisor
- Personnel or representative of the Department of Law enforcement
- Or any other person, legally authorize to execute a process.
Resisting an officer without offering (threatening) or doing violence to the person of that officer shall be guilty of a misdemeanor of the first degree. In Florida, misdemeanors of the first-degree are punishable by a fine not to exceed $1000 and or a term of imprisonment not exceeding one year. A first-time offender may be faced with a probable minimum sentence of probation or a fine.
Possible Resisting Officer without Violence Defenses
Florida Courts issue juries’ instructions prior to deliberation. The instructions for resisting or obstructing an officer is entitled 21.2 RESISTING OFFICER WITHOUT VIOLENCE 843.02, Fla. Stat,
which states “To prove the crime, the State must prove the four elements beyond a reasonable doubt:
- The Defendant resisted, obstructed or opposed the officer.
- At the time the officer was engaged in the execution of legal process or the lawful execution of a legal duty.
- At the time the officer was an officer or a person legally authorized to execute process.
- At the time the Defendant knew the officer was an officer or a person legally authorized to execute process.”
This charge has been broadly used by police officers in a variety of situations. The average person is confused by the charge, primarily when they never “resisted arrest.” The charge is more frequently used when a person does not follow commands or directions from police officers. A typical example would be when an officer is investigating an accident, or a crime and you are perceived to be interfering or obstructing that investigation. Most commonly, an officer instructs someone to step back onto a sidewalk and that person refuses or fails to follow those instructions. Under certain circumstances, the officer’s directions will not be considered “lawful,” or the officer simply had no right to make such commands. Being uncooperative with law enforcement does not necessarily rise to the level of resisting or obstruction. You have a right to remain silent, for instance. Your refusal to incriminate yourself is not against the law. Officers have been known to arrest solely upon the use of foul language directed at the officer. Many times, these actions are protected by the First Amendment and should not be prosecuted criminally. It is also a legal defense if it can be proven that the officer was not engaged in the lawful execution of a legal duty or if the officer failed to identify himself and was not in uniform. Lastly, it is not unlawful to resist without violence an unlawful arrest.
The facts and circumstances involved in every arrest are different. It takes an attorney with knowledge and experience to properly and thoroughly evaluate these cases. If you or a loved one has been involved in Obstructing an Officer without Violence you should obtain the legal advice from an experienced Daytona Attorney. Sam Masters Legal will review all the evidence and circumstances of your case to help you determine the most appropriate defense.
Sam Masters Legal will use more than 35 years of knowledge and experience and work for you by vigorously challenging the evidence and procedural processes used against you. If you or a loved one has been charged with resisting or obstructing an officer, you can entrust your legal defense to Mr. Masters’ aggressive law firm.
Call (386) 252-4717 today for a free initial consultation with a Daytona Beach Criminal Attorney. Serving Flagler & Volusia Counties, including the cities of Daytona, Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach and Palm Coast, Bunnell and Flagler Beach in Flagler County.