Orlando Resisting An Officer Without Violence Defense Lawyer

If you have been charged with resisting an officer without violence in Orlando please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your resisting an officer without violence charge dismissed or reduced.  One way to get your resisting an officer without violence charge dismissed is by completing a Pre-Trial Diversion program.  Not every resisting an officer without violence case is eligible for a Pre-Trial Diversion program.

Former Resisting An Officer Without Violence Prosecutor

As a former resisting an officer without violence prosecutor Chris has an understanding of what can be important to the prosecutor in your Orlando resisting an officer case.  It is important to understand how the other side works.  Chris uses this understanding to determine what needs to be done to get the best possible outcome in your resisting an officer case.

Orlando Resisting An Officer Defense Lawyer Since 1999

Chris has been defending individuals in Orlando charged with resisting an officer since 1999.  Being an Orlando resisting an officer defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Orlando that handle resisting an officer cases like yours.  Experience dealing with those judges and prosecutors is important in achieving the best results in your resisting an officer case.

Different Orlando Resisting An Officer without Violence Defense Lawyers Get Different Results

When you have been charged with resisting an officer without violence in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you.  A resisting an officer without violence conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer.  The better prepared you are for your court appearance the more likely it is you will get a favorable outcome.  The best results possible are rarely obtained by just hoping for them.  Get the help you need at Chris S. Boatright, P.A. to get the best results possible.

Information About Orlando Resisting An Officer Without Violence Charges

You can legally resist an unlawful arrest if no violence is used by you.

Resisting An Officer Without Violence

It is unlawful to resist, obstruct, or oppose any officer as defined in Florida Statute section 843.02 or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer. Resisting an Officer Without Violence is a first-degree misdemeanor punishable by a maximum of 1 year in jail and/or 1 year on probation and/or a $1,000 fine.

Officer

For purposes of Florida Statute 843.01 and Florida Statute 843.02 an officer is defined as:

(1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.

(2) “Correctional officer” means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term “correctional officer” does not include any secretarial, clerical, or professionally trained personnel.

(3) “Correctional probation officer” means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level.

(4) “Part-time law enforcement officer” means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(5) “Part-time correctional officer” means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution.

(6) “Auxiliary law enforcement officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions.

(7) “Auxiliary correctional officer” means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility.

(8)   Member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission;

(9)   Parole and probation supervisor; county probation officer;

(10)  Personnel or representative of the Department of Law Enforcement; or

(11)  Other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty

Evidence

In order for the State of Florida to prove you committed the crime of resisting an officer, the State need’s evidence.  Normally, the law enforcement officer’s report contains a statement of the evidence against you.  However, there may be other evidence in your case which the law enforcement officer failed to document in the report.  It is essential for you and your attorney to review all of the evidence in your case before preparing your defense.  Some important questions are:

  • Did you resist, obstruct, and/or oppose any officer?
  • Was the officer in lawful execution of any legal duty?
  • Were there any witnesses to the incident and if so did they provide a statement?
  • Was the incident recorded by videotape?
  • Did you act in self-defense?
  • Was anyone injured?
  • Were any photos taken of anyone’s injuries?

Constitutional Rights

The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination.  In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer.  It is important for you to know if your privilege against self-incrimination was violated.  If your privilege against self-incrimination was violated evidence in your case may be inadmissible.  Some important questions to consider are:

  • Were you questioned by a law enforcement officer after you were arrested?
  • Did you make any statements that are harmful to your case?
  • Were you read your Miranda rights?

Pretrial Diversion

In Orange County, Florida there is one pretrial diversion program for resisting an officer without violence charges.

Orange County Pretrial Diversion Program For Misdemeanor Resisting An Officer Without Violence Charges

This is a deferred prosecution program for selected misdemeanor charges and for selected individuals.  This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections.  Successful completion of the Orange County Misdemeanor Pretrial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.

Eligibility

  1. You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
  2. You must be a legal resident of the United States.
  3. You must have no more than one prior misdemeanor conviction.
  4. Your charge(s) must have no more than $1,000 in restitution.
  5. You must be approved by the Office of the State Attorney.

Program Details

  1. Program length is 6 months
  2. Program cost is $300
  3. Program intake fee is an additional $20
  4. Program drug testing fee is an additional $17
  5. Program phone reporting fee is an additional $6-$7 per month
  6. Program Office of the State Attorney fee is an additional $100
  7. You must perform a minimum of 40 hours of alternative community work service
  8. You will also successfully complete an anger management class
  9. Substance abuse evaluation and/or treatment if applicable
  10. Letter of apology
  11. Additional charge specific special conditions
  12. You are responsible for any additional costs for classes and evaluations
Orlando Resisting An Officer Without Violence Penalties
A conviction for resisting an officer without violence can result in many different penalties.  It is important for you to know what penalties you may be facing.  Some of the penalties for a  resisting an officer without violence conviction may include:
  • Time in Jail or Prison
  • Probation
  • Classes
  • Community Service
  • Restitution
  • Cost of Investigation and/or Cost of Prosecution
  • Fines and/or Court Costs

*Program fees and costs subject to change without notice*

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