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Orlando Resisting Officer Attorney

Whitney S. Boan Protecting Your Right

When it comes to your arrest, every small detail is scrutinized and can be held against you. This is true even in cases where you resist without any physical or verbal violence. How can you be cited for resisting without any aggression? While there are many ways that this can be charged, one thing remains the same, and that’s that it will be on your permanent record regardless of its severity. If you’re facing charges of resisting arrest without violence, an experienced criminal defense attorney such as Whitney S. Boan will be able to help you. Don’t let that misdemeanor be a scar on your record for the rest of your life.

At Whitney S. Boan, P.A. in Orlando, FL, your needs take a priority. Your case is serious to us, and as a result we are here for you when you need us. All you need to do is call: (407) 413-9569

What is Resisting an Officer Without Violence?

One of the first questions people have when convicted of this crime is “what exactly did I do to deserve this?”. The Florida statute 843.02 defines the particulars of this charge, and there are three elements to pay attention to:

  • The victim must be an officer
  • There was actual resistance on your part
  • You must be engaged in the legal process

Perhaps the most exploitable defense is who the victim in your case actually is. In instances where you are threatened or coerced by an officer, then you will likely be considered the victim in the incident. However, if you cannot be considered such, then you will be subject to any punishment that the officer deems appropriate.

Secondly, and the most obvious, is that there must be specific evidence of resistance. In the case where the officer is the “victim” there must be sufficient proof to show that you did indeed resist them, and therefore make them the victim. If the foundation against you is shaky, then there is a good opportunity for a successful defense.

Lastly you have to be engaged in the legal process with the officer. In other words, you’re being apprehended for another reason or at least in communication with the police regarding another matter. This is required, because you must be resisting something; should a cop ask or order you to do something without cause, then it is within your rights to not comply. You must legally be required to do as they instruct in order to qualify.

There is a fine line between what is resisting and what isn’t. The best way to deal with any other questions you might have is to get in touch with Whitney S. Boan. When it comes to attorneys that deal with these cases in Orlando, Florida, Whitney is among the best, if not the best. Describe your case in great detail to her, and put together any evidence you might have. Chances are, if you didn’t commit the three things listed above, you will not be subjected to any penalty. Don’t let your future be affected by a crime so petty. Talk to Whitney today and get rid of the dark cloud above your head.