Legal Defenses Against Obstruction of Justice Charges in Fort Myers
Obstruction of justice charges in Fort Myers can carry severe penalties, including hefty fines and lengthy jail sentences. That’s why having an experienced criminal defense attorney on your side is crucial if you are facing these allegations. There are various legal defenses that can be raised to fight obstruction charges and potentially get them reduced or dismissed altogether.
What Constitutes Obstruction of Justice in Florida?
Florida statute 843 covers a wide range of actions that could lead to obstruction of justice charges, such as:
- Resisting arrest with or without violence
- Escaping or helping another person escape from custody
- Providing false information to a law enforcement officer
- Tampering with or fabricating physical evidence
- Intimidating, harassing, or tampering with witnesses or jurors
- Impersonating a law enforcement officer
- Disobeying lawful orders from law enforcement
Obstruction charges can arise in connection with an ongoing investigation, criminal trial, or other official proceeding. The key is that the defendant intended to interfere with the administration of law or justice.
Penalties for Obstruction of Justice in Fort Myers
Like most crimes in Florida, penalties for obstruction of justice depend on how the offense is classified:
- Second-degree misdemeanor – up to 60 days in jail and $500 fine
- First-degree misdemeanor – up to one year in jail and $1,000 fine
- Third-degree felony – up to five years in prison and $5,000 fine
- Second-degree felony – up to 15 years in prison and $10,000 fine
- First-degree felony – up to 30 years in prison and $10,000 fine
Penalties tend to increase if violence is involved. For example, violently resisting arrest is a third-degree felony in Florida. Providing contraband to help an inmate escape is a second-degree felony.
Common Defenses Against Obstruction Charges
A skilled criminal defense lawyer can evaluate the facts of your case and identify defenses that could get your charges reduced or dismissed. Here are some of the most common defenses used:
Invalid Arrest
If the arrest itself was unlawful, you cannot be charged with resisting it. Your attorney can argue there was no probable cause for the arrest or the officer used excessive force.
Misidentification
Eyewitness misidentification is a common cause of wrongful arrests and convictions. If you were mistakenly identified, it weakens the prosecution’s case.
Duress
You may have technically resisted arrest but argue you only did so out of fear for your safety. This can apply if officers used excessive force.
Lack of Criminal Intent
The prosecution must prove you intended to obstruct justice. For example, you may have resisted arrest reflexively without thinking.
Self-Defense
If officers used excessive force, you may have only acted in self-defense rather than intentionally obstructing justice.
Mental State
You can argue you lacked the requisite mental state to willfully obstruct due to mental illness, intoxication, or diminished mental capacity.
Unreliable Evidence
The prosecution’s case may hinge on evidence obtained illegally or testimony from unreliable witnesses. Your attorney can challenge this evidence.
Finding the Right Fort Myers Criminal Defense Attorney
If you are facing obstruction of justice allegations, it is critical to have an experienced attorney on your side to protect your rights. Be sure to choose a criminal defense lawyer who:
- Has extensive experience handling obstruction charges in Fort Myers
- Is familiar with the local courts, judges, and prosecutors
- Has a track record of success challenging these types of cases
- Will thoroughly investigate the circumstances of your arrest
- Can effectively argue self-defense or other defenses when applicable
A knowledgeable lawyer will look for ways to get charges reduced or dismissed pre-trial. If necessary, they can also mount a strong defense at trial. This gives you the best chance at avoiding harsh penalties so you can move on with your life. Don’t leave your fate to chance – consult with a dedicated obstruction of justice attorney in Fort Myers as soon as possible.
Fighting Resisting Arrest Without Violence Charges
One of the most common obstruction offenses is resisting arrest without violence under Florida statute 843.02. This applies when a person obstructs or opposes an officer in carrying out a lawful arrest without resorting to actual violence or threats.
Even if you did not attack an officer, you could face charges if you:
- Pulled your arms away as they tried to handcuff you
- Ran away or walked off as they were arresting you
- Refused to comply with verbal commands
- Gave a false name or lied about your identity
- Made angry or threatening comments towards officers
Unfortunately, these types of reactions are common when someone feels they are being arrested unlawfully. That’s why a skilled defense attorney will closely examine the arrest to determine if it was justified in the first place.
Some potential defenses include:
- The arrest was not supported by probable cause
- Officers used excessive force, provoking your reaction
- You were misidentified and wrongly arrested
- Your actions were involuntary or accidental
An attorney may be able to get charges dismissed pre-trial. If not, they can argue to a judge or jury that your resistance was not willful or intentional. The goal is to avoid a misdemeanor conviction that stays on your record.
Fighting Resisting Arrest With Violence Charges
Resisting arrest “with violence” under Florida statute 843.01 is charged as a third-degree felony. This applies when a person intentionally uses force or violence to obstruct an arrest. Examples include:
- Hitting, kicking, biting officers
- Wrestling away from officers
- Using a weapon against officers
The “violence” element escalates potential penalties significantly. In addition to stiff fines, you could face up to 5 years in state prison if convicted.
Again, the key for any defense is challenging the legality of the arrest itself. If there was no probable cause, the arrest was invalid and you had the right to defend yourself against unlawful force.
A skilled lawyer will also scrutinize the officers’ conduct. If they used excessive force, it bolsters a claim of self-defense. Other defenses include:
- You lacked the mental state to willfully resist due to intoxication or mental illness
- You reflexively reacted to pain compliance techniques used by officers
- Misidentification led to your wrongful arrest
With an aggressive defense focused on police misconduct, an attorney may get violent resisting charges dismissed or reduced to a misdemeanor.
Defending Against False Information and Perjury Charges
Providing false information to a law enforcement officer is illegal under Florida statute 837.05. This includes lying about your name, address, or other identifying details during an investigation. Perjury under Florida statute 837.02 involves making false statements while under oath.
Potential defenses to these obstruction charges include:
- You did not have the requisite corrupt intent to mislead
- You were confused or mistaken but did not intentionally lie
- Your statement was essentially true even if not 100% accurate
- You recanted or corrected the statement in a timely manner
If the false statement was not material to the investigation, that is also a strong defense. An attorney may argue the lie did not actually obstruct officers or proceedings.
With perjury allegations, it is important to review exactly what questions were asked and how they were answered. Even slight ambiguity in the wording of questions could weaken the prosecution’s case.
Fighting Tampering and Harassment Charges
Under Florida statute 914.22, it is illegal to harass, intimidate, or tamper with witnesses, victims, or informants to obstruct justice. Potential defenses include:
- You did not directly or indirectly threaten the person
- Your communication was misinterpreted
- You lacked criminal intent and did not realize your actions would intimidate
- The alleged “victim” is biased and not credible
If someone else made the threatening statements, your attorney will argue misidentification and challenge the reliability of witnesses implicating you.
For evidence tampering allegations, you may argue you did not actually destroy or conceal evidence. If you disposed of evidence, your attorney can claim you did not realize at the time it would have investigative value.
Finding the Right Attorney to Defend You
Facing obstruction of justice charges in Fort Myers can be scary. But with an experienced criminal defense lawyer on your side, you can avoid harsh penalties and protect your future. Be sure to seek out an attorney who knows how to challenge questionable arrests, unreliable witnesses, and unconstitutional police conduct. They will aggressively defend your rights both pre-trial and in court if necessary. With sound legal advice and skilled representation, you have an excellent chance of beating these allegations so you can move forward with your life.