Resisting Arrest Lawyer in West Palm Beach
Resisting arrest can be a misdemeanor or a felony, depending on whether you are accused of using violence. However, even a misdemeanor resisting arrest conviction comes with stiff penalties, including up to one year in jail.
You might think you will be found guilty if you have been charged because it is your word against the arresting officer’s testimony. However, various factors go into these cases, including the legality of the arrest.
With more than 34 years of experience, our West Palm Beach resisting arrest lawyer can explore all possible avenues to help you avoid harsh penalties. Reach out to our firm today to schedule a consultation.
Examples of Resisting Arrest
You can face a misdemeanor resisting arrest charge for opposing, obstructing, or resisting a police officer. Some examples include:
- Refusing or making it difficult to be handcuffed
- Failing to obey verbal commands
- Hiding evidence
- Providing law enforcement with misleading or false information
- Evading law enforcement
Your resisting arrest defense attorney in West Palm Beach will evaluate all the evidence in order to determine the strength of the prosecution’s case against you. Then your lawyer can go over your legal options with you.
Misdemeanor Resisting Arrest Charges
Resisting or obstructing an officer without violence is a first-degree misdemeanor meaning that you face up to a year in jail, a fine, or probation. The state must prove that you were arrested legally and that you knew the person was an officer and that you willfully and knowingly opposed, obstructed, or resisted his or her orders.
If the prosecution has evidence to prove its case, your attorney might be able to help you avoid the charges with a pre-trial diversion program, so consult with a West Palm Beach resisting arrest attorney today.
Resisting Arrest with Violence
Resisting arrest with violence is a third-degree felony, with potential penalties of up to five years in prison and large fines. You also face probation and will have a felony on your record if convicted.
Your West Palm Beach resisting arrest lawyer will review the evidence to determine the right defense for you, so reach out to attorney Chapman to discuss the circumstances of your case. He will go over possible strategies with you.
Pre-trial Diversion
You might be eligible for a pre-trial diversion program if charged with resisting arrest. The prosecutor will dismiss the charges upon your successful completion, if applicable. Because these programs are not open to everyone, it is important to consult with a resisting arrest lawyer in West Palm Beach. Your attorney can go over all of your legal options, including pre-trial diversion.
Did You Have Knowledge of Authority?
It is possible to be charged with resisting arrest without even realizing the person was a member of law enforcement. For instance, the arresting officer might have been in plain clothes, causing you to fear for your safety when he or she attempted the arrest. If you did not know the person had the legal authority to arrest you, discuss that with a West Palm Beach resisting arrest lawyer. Your attorney can use this information to fight the charges.