Beating Charges of Resisting Arrest: Tips from Fort Myers Attorneys
Hey there! Have you been charged with resisting arrest in Fort Myers? Don’t worry — you have options. As local attorneys, we know folks in Fort Myers can end up in some sticky situations with law enforcement. Resisting arrest charges happen more than you’d think.
The good news? These charges can often be reduced or even dismissed. How, you ask? We’ll break it down for you here. But first, let’s cover the basics…
What Does “Resisting Arrest” Mean in Florida?
Florida statute 843.02 defines resisting arrest as resisting, obstructing, or opposing an officer “in the lawful execution of any legal duty.” This includes things like:
- Pulling away from an officer who tries to handcuff you
- Tensing up or bracing yourself so they can’t put cuffs on
- Pushing or shoving officers
- Running away
- Giving a false name
You don’t have to cause injury or violence to be charged. Simply resisting the arrest itself is enough. Resisting arrest charges can be misdemeanors or felonies depending on exactly what happened.
Now, here’s the thing — you can only resist an arrest that’s “lawful.” If police arrest you unlawfully, you have a right to resist. But in the heat of the moment, it’s tough to know what’s lawful or not.
How to Beat Resisting Arrest Charges
If you’ve been charged with resisting in Fort Myers, don’t lose hope. Here are some tips from our criminal defense attorneys:
#1: Challenge Whether the Arrest Was Lawful
This is key. For a resisting charge to stick, the arrest itself must’ve been lawful and justified. As in, police need evidence you committed a crime.
So if the arrest was bogus, any “resisting” on your part was perfectly legal. Our lawyers dig deep into the arrest circumstances to assess this.
We’ll gather all the evidence about why police targeted and arrested you. Did they have probable cause of a crime? If not, your arrest was unlawful and the charges should be tossed.
#2: Claim You Didn’t “Resist” After All
Sometimes folks accused of resisting didn’t actually resist arrest. They were just confused or scared.
If you didn’t threaten officers or run away, we can argue you didn’t obstruct or resist. Things like flailing as you’re cuffed or tensing up don’t always qualify as resisting under the law.
We’ll interview witnesses and review police reports to build this defense. The goal is showing you didn’t intentionally resist arrest.
#3: Mitigate with Mental Health or Medical Issues
Certain conditions might help explain your behavior during arrest. Things like:
- Mental illnesses like schizophrenia or bipolar disorder
- Neurological issues like dementia
- Medical conditions like diabetes or epilepsy
- Developmental disabilities like autism
- Being under the influence of drugs/alcohol
If any of these affected your actions, we can request leniency from the court. We’ll get medical records and statements from doctors to back this up.
The goal is proving you weren’t in your right state of mind and shouldn’t be punished harshly. Many judges will agree to probation or reduced charges.
#4: Negotiate with the Prosecutor
Often we can negotiate with the prosecutor and get charges lowered or dismissed. Things we might propose:
- Plea to a non-criminal infraction instead of misdemeanor/felony
- Charges dropped in return for community service or classes
- Charges dropped once probation period ends
Prosecutors know winning resisting arrest cases isn’t easy. The arrest’s lawfulness often gets questioned. So they’re sometimes open to deals to avoid trial.
An Experienced Lawyer Can Make All the Difference
Beating resisting arrest charges requires in-depth knowledge of Florida law. The attorneys in our firm have decades of combined experience specifically handling these cases.
We’ll carefully examine if your arrest was justified and build the strongest defense to fight the charges. Don’t go it alone against the power of the state. Schedule a free case evaluation today to discuss your options with our legal team.
With an aggressive defense, we can get charges reduced or dismissed. Don’t leave your future up to chance. Get in touch now to start crafting your defense strategy.