Resisting Arrest

RESISTING ARREST WITHOUT VIOLENCE ATTORNEY

If you’ve been charged with resisting without violence in Orlando – Orange or any other Osceola Brevard Lake Seminole or Volusia County, you should call and speak to experienced Orlando resisting without violence attorney Heiko Moenckmeier at 407.504.1384. Call now. In Orlando, and in Florida, resisting without violence (sometimes called obstruction of an officer or obstruction of an investigation) is a serious criminal offense, punishable by up to a year in county jail, a year on probation, a fine of up to $1,000.00, as well as court costs, cost of investigation and cost of prosecution.

BEST DEFENSES

While there are no best defenses, there is always the best defense for YOUR case and it is up to you and your attorney to figure out the specific circumstances and facts that will get you the best defense.

Failure of the Officer to tell you why he’s arresting you.
Illegal arrest- you can lawfully resist an illegal arrest WITHOUT violence.
Dispute in fact- oftentimes there may be witnesses who saw the events transpire and would contradict or lessen what the officers had to say about your behavior.

Free Speech- resistance by word alone is very difficult to prove there must be specific things said.
Providing a False Name- the officer must have probable cause to believe the person he is inquiring to has committed a crime and is investigating a specific crime. Without probable cause by the officer, a person is not under a legal obligation to provide their real name.
Excessive Force- again you can lawfully resist excessive force without violence (will of course have to be demonstrated). Arrestees are oftentimes subject to numerous officers jumping on them trying to effectuate an arrest, and this could be a defense there.

Didn’t know the officer was talking to you- Happens when there is a large crowd of people (often surrounding a fight or something the officers are trying to break up and control). In these situations, officers will pepper spray and scream stop resisting repeatedly at no one in particular and arrest who they can get their hands on.

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. At the time, (defendant) knew (victim) was [an officer] [a person legally authorized to execute process].

Aggressive motion practice such as a motion to dismiss or a motion to suppress could be in order, so as to get the charge dismissed prior to a jury trial. Other times, a negotiated dismissal might come about.


Typical reasons for a person being arrested for resisting without violence in Orlando, Kissimmee, Osceola, Sanford, Lake Mary, Deltona or Volusia County
  • We often call resisting an officer without violence a ‘Humm’r’. As in, “hmmm, what should we charge him with?”
  • It is frequently tacked on in order to ‘make something stick,’ and is a frequent charge for the civilly disobedient and political protesters.
  • Running at the sight of the police
  • Running after the police yell stop (stop resisting!)
  • Tensing your arms when the officer is attempting to put on handcuffs
  • Not allowing the officers to move your arms when they are attempting to place handcuffs on you
  • Not moving fast enough when the officer tells you to do something
  • Being ‘disrespectful’ to a cop
  • Refusing to Stand up or Sit down
  • Giving a false name

We have handled hundreds of resisting without violence cases as both an Assistant Public Defender as well as private practice. There ARE defenses and this charge can be beaten.

Call experienced Kissimmee Lake Mary Sanford Orlando resisting without violence lawyer Heiko Moenckmeier, Esq. today at 407.504.1384. Our conversation is privileged, even if you don’t end up hiring. Mr. Moenckmeier is a former Assistant Public Defender and has been practicing almost exclusively criminal and criminal traffic cases in Central Florida since 2007, with exclusive local knowledge and no fear of jury trials and aggressive motion practice.