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RESISTING ARREST WITH VIOLENCE ATTORNEY
If you’ve been charged with Resisting Arrest With Violence in Orlando – Orange or Osceola Brevard Lake Seminole or Volusia County, you should call and speak to experienced Central Florida Resisting Arrest With Violence attorney Heiko Moenckmeier at 407.504.1384. Call now. In Florida, Resisting Arrest With Violence is a serious criminal offense- a third degree felony punishable by up to five years prison in the Department of Corrections, five years on probation, a fine of up to $5,000.00, as well as court costs, cost of investigation and cost of prosecution.
DO I NEED A LAWYER?
THIS DIDN’T HAPPEN THE WAY THE OFFICER SAID IT DID!
Well, it’s a third degree violent felony, so I’d say yes. It’s also a crime involving violence on law enforcement, and frankly, that’s not taken kindly by the Government, nor by the officers or deputies involved. Attorney Moenckmeier has extensive experience in these ‘resisting with violence’ cases throughout Central Florida and is available to discuss your case with you as well as your defenses. Be prepared for a battle, as the prosecutors will typically be seeking jail and or prison, depending on your previous criminal history (record).
While there are no best defenses, there is always the best defense for YOUR case and it is up to you and attorney Moenckmeier to figure out the specific circumstances and facts that will get you the best defense.
Dispute in fact — “That didn’t happen the way the officer said it did!” Hopefully there are witnesses who saw the interaction and can contradict what the officers had to say about your behavior. Cell Phone videos are crucial and there may be bystanders who witnessed the occurrence and can be tracked down.
It can also be shown where the police are the initial aggressor(s) and that any ‘violence’ i.e. that the person being charged accidentally hit the police due to the police entering into a situation (obviously discretionary).
The defendant in a ‘Resisting With Violence’ case also needs a requisite amount of ‘required ‘violent force’ or ‘violence’ as required by Florida caselaw. United States v. Romo-Villalobos, 674 F.3d 1246, 23 Fla. L. Weekly Fed. C 834 (11th Cir., 2012), Rawlings v. State, 976 So.2d 1179, 1181 (Fla. 5th DCA 2008); see also Walker v. State, 965 So.2d 1281, 1284 (Fla. 2d DCA 2007) (“One of the elements of resisting arrest with violence under section 843.01 is either offering to do violence or actually doing it.”). Moreover, Florida’s courts have held that “doing violence” in this context “plainly involves the use … of physical force or violence.” Harris v. State, 5 So.3d 750, 751 (Fla. 1st DCA 2009) (quotation omitted).
To contrast, in Wright v. State, 681 So.2d 852, at 853 (Fla. App. 5 Dist., 1996) Evidence that Wright struggled, kicked, and flailed his arms and legs was sufficient to show that he offered to do violence to the officers within the meaning of the statute. (Wright also bit the officer).
WHAT DOES THE GOVERNMENT HAVE TO PROVE AT TRIAL?
- The prosecutor must prove the following beyond a reasonable doubt and a jury is supposed to find the defendant not guilty if he :
- 1. (Defendant) [resisted] [obstructed] [opposed] (victim).
- 2. At the time, (victim) was engaged in the [execution of legal process] [lawful execution of a legal duty].
- 3. At the time, (victim) was [an officer] [a person legally authorized to execute process].
- 4. Defendant knowingly and willfully resisted/obstructed/opposed victim by [offering to do him violence][doing violence to him].
Attorney Moenckmeier has experience defending Resisting Arrest With Violence cases as both an Assistant Public Defender as well as private practice. There ARE defenses and this charge CAN be beaten.