Resisting Arrest Without Violence

Tampa Florida Criminal Defense Attorney was just reviewing a case of Resisting an Officer Without Violence. The defendant gave a false name and date of birth DOB  to a cop. The court ruled that was insufficient to support a conviction since the defendant was not under arrest nor was the defendant being lawfully detained when he provided the false information. The defendant should have been acquitted, so says the appeals court. Motion for judgment of acquittal. (JOA) granted.

Resisting or Not? Call me for a Free Phone Consultation (813) 222-2220.

843.02 Resisting officer without violence to his or her person.

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; 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, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Source: 35 Fla. L. Weekly D368a