St. Petersburg Resisting Arrest Lawyer
If you have been charged with resisting arrest in St. Petersburg, Florida, you need an experienced criminal defense attorney who understands the complexities of these charges and how they can impact your future. A St. Petersburg resisting arrest lawyer from the Law Office of Daniel J. Fernandez, P.A. can provide the aggressive representation and strategic defense you need to protect your rights and fight for the best possible outcome in your case.
With over 43 years of experience defending clients throughout the Tampa Bay area, including Pinellas County, Daniel J. Fernandez has successfully defended over 500 clients in trial and understands the tactics used by prosecutors. Our firm has been recognized as one of Tampa’s top criminal defense law firms by Tampa Magazine’s Best Lawyers Edition, and we are committed to defending your rights from the moment charges are filed until the final resolution of your case.
Understanding Resisting Arrest Charges in Florida
Under Florida Statute 843.02, resisting an officer without violence is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. However, if the resistance involves violence or the likelihood of violence, the charge escalates to a third-degree felony, which carries up to five years in prison and a $5,000 fine. These charges are often added to other criminal accusations and can significantly complicate your case.
Resisting arrest charges can arise from various situations, including refusing to comply with police commands, pulling away from an officer during an arrest, providing false identification, or fleeing from law enforcement. What many people do not realize is that you can be charged with resisting arrest even if the underlying arrest was unlawful or the original charges are later dropped.
In St. Petersburg, these cases often occur in busy areas like Downtown St. Pete, Central Avenue, or near popular destinations such as The Pier District and Grand Central District. Law enforcement officers patrol these areas heavily, especially during events and nightlife hours, leading to frequent interactions with citizens that can result in resisting arrest charges.
Common Defenses Against Resisting Arrest Charges
An experienced criminal defense attorney can identify several potential defenses against resisting arrest charges. One of the most effective defenses is challenging the lawfulness of the initial arrest. If the officer lacked probable cause or reasonable suspicion to make the arrest, any resistance to that unlawful arrest may be justified under Florida law.
Another common defense involves the definition of resistance itself. The prosecution must prove that your actions constituted actual resistance rather than mere non-cooperation or reflexive movements. For example, tensing up or pulling away instinctively during an arrest may not constitute criminal resistance, especially if you were not given clear commands or sufficient time to comply.
Self-defense can also be a viable defense in certain circumstances. If an officer used excessive force during the arrest, you may have the right to defend yourself, though this defense requires careful legal analysis and strong evidence. Additionally, cases involving mistaken identity, medical conditions that prevented compliance, or situations where you were unaware that the person was a police officer can provide grounds for defense.
The prosecution must also prove that you knew the person was a law enforcement officer. In cases involving plainclothes officers or situations where the officer’s identity was not clear, this element of the charge may be difficult to establish beyond a reasonable doubt.
The Impact of Resisting Arrest Convictions
A conviction for resisting arrest can have serious consequences that extend far beyond the immediate penalties of jail time and fines. A criminal record can affect your employment opportunities, housing applications, educational prospects, and professional licensing. Many employers conduct background checks, and a conviction for resisting arrest may be viewed negatively, particularly for positions requiring interaction with law enforcement or positions of trust.
For individuals who are not U.S. citizens, a conviction for resisting arrest can have immigration consequences, including deportation proceedings or barriers to naturalization. Additionally, a conviction can impact child custody arrangements, firearm ownership rights, and eligibility for certain government benefits or programs.
The social stigma associated with resisting arrest charges can also be significant, as these charges often imply confrontational behavior with law enforcement. This perception can be particularly damaging in professional and personal relationships, making it crucial to fight these charges aggressively with the help of a skilled defense attorney.
Why Choose Our St. Petersburg Defense Team
The Law Office of Daniel J. Fernandez, P.A. brings decades of experience to every resisting arrest case in St. Petersburg and throughout Pinellas County. Our team includes experienced attorneys like Dana Herce-Fulgueira and Austin Crocker, who have successfully handled numerous criminal defense cases and understand the local court system, including the Pinellas County Criminal Justice Center.
Our former prosecutor experience provides valuable insight into how the state builds its cases and what strategies are most effective in challenging the prosecution’s evidence. We have maintained only 5-star reviews on Google from more than 400 satisfied clients, demonstrating our commitment to achieving positive outcomes and exceptional client service.
We understand that being charged with resisting arrest can be overwhelming and frightening. That is why we provide personalized attention to each case, thoroughly investigating the circumstances surrounding your arrest, reviewing body camera footage and police reports, and interviewing witnesses to build the strongest possible defense strategy.
St. Petersburg Resisting Arrest FAQs
Can I be charged with resisting arrest if I was not actually arrested?
Yes, under Florida law, you can be charged with resisting an officer even if you were not ultimately arrested for another crime. The statute covers resistance to any lawful execution of legal duty by a law enforcement officer, not just formal arrests.
What if the police officer used excessive force during my arrest?
If an officer used excessive force, you may have grounds for a self-defense claim. However, the law in this area is complex, and you should consult with an experienced criminal defense attorney to evaluate the specific circumstances of your case and determine the best defense strategy.
Can resisting arrest charges be dropped or reduced?
Yes, with proper legal representation, resisting arrest charges can often be reduced or dismissed entirely. This may occur through plea negotiations, successful motion practice, or by demonstrating weaknesses in the prosecution’s case at trial.
What should I do if I am being arrested in St. Petersburg?
The best advice is to remain calm, comply with lawful orders, and avoid any actions that could be interpreted as resistance. Do not argue with the officer or try to explain your innocence during the arrest. Instead, exercise your right to remain silent and request an attorney immediately.
How long do I have to fight resisting arrest charges?
The timeframe for resolving resisting arrest charges varies depending on whether you are charged with a misdemeanor or felony. However, it is crucial to contact an attorney as soon as possible after your arrest to preserve evidence and begin building your defense.
Will a resisting arrest conviction appear on background checks?
Yes, a conviction for resisting arrest will typically appear on criminal background checks conducted by employers, landlords, and other entities. This makes it even more important to fight these charges with experienced legal representation.
Can I represent myself in a resisting arrest case?
While you have the right to represent yourself, it is not advisable given the complexity of criminal law and the serious consequences of a conviction. An experienced criminal defense attorney can identify defenses and opportunities that may not be apparent to someone without legal training.
Serving Throughout St. Petersburg
- Downtown St. Petersburg
- Old Northeast
- Kenwood
- Historic Uptown
- Crescent Lake
- Greater Pinellas Point
- Skyway Marina District
- Bartlett Park
- Euclid-St. Paul
- Lakewood Estates
Contact a St. Petersburg Resisting Arrest Attorney Today
If you are facing resisting arrest charges in St. Petersburg or anywhere in Pinellas County, do not wait to seek legal representation. The sooner you contact an experienced St. Petersburg resisting arrest attorney, the more time your legal team will have to investigate your case, gather evidence, and develop an effective defense strategy. The Law Office of Daniel J. Fernandez, P.A. is available 24/7 to provide immediate assistance and guidance during this challenging time. Contact our office today for a free consultation to discuss your case and learn how we can help protect your rights and future.