Resisting without violence

[Reedy]

Any legal eagles in Florida that can explain what "resisting without violence" means, and what the concequence may be?

[Fish boy]

Any legal eagles in Florida that can explain what "resisting without violence" means, and what the concequence may be?

I'll take a shot at it although it is sort of based on the circumstances or each case. Basically it is resisting during the lawful arest that does not physically arise to the level of "with violence." Also,preventing (or impeding) a police officer from performing a lawful duty. This is also known as obstruction.

Here is the statute:
RAWOV (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0843/SEC02.HTM&Title=->2004->Ch0843->Section%2002#0843.02)

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.

Again, it is sort of fact intensive on a case by case basis and unfortunately some officers use it more liberally than others.

PM me if you want and would rather take it off the boards.

fish

[Fish boy]

Sorry, forgot the consequences:

first degree misdemenor is max of 12 months jail and/or probation not to exceed the 12 months cumulatively, and max $1000 fine. Lots of stuff in between from nolo prosequi (dropping the charge, assuming charges have been filed) to just court costs...etc. Depends on the facts, prior criminal history, and other relevant factors.

[MrsDigger]

Fish Boy, you are wicked smaht!

[Reedy]

Fish Boy, you are wicked smaht!
The reason I ask is my 18 yr. old was charged with that, "resisting without violence" in Panama Beach while walking on the beach with his girlfriend at 8:30 am Sunday morning. We live in Texas, and he is going to school in Mobile. The police released him to his girlfriend, but set a date to meet with a judge. This kid has never even had a speeding ticket, and I have never heard of that charge. Just curious of cost, and consequence. I'm sure we will get the police version in two weeks, but his was they thought he was somebody else and got up behind him to handcuff him while they were talking to him.

[Fish boy]

reedy, I am PM'ing you my phone number. Call me if you would like. Not looking to pick up a case, it is too far away, but I might be able to make a few calls or at least explain a few things.

fish

[MrsDigger]

The reason I ask is my 18 yr. old was charged with that, "resisting without violence" in Panama Beach while walking on the beach with his girlfriend at 8:30 am Sunday morning. We live in Texas, and he is going to school in Mobile. The police released him to his girlfriend, but set a date to meet with a judge. This kid has never even had a speeding ticket, and I have never heard of that charge. Just curious of cost, and consequence. I'm sure we will get the police version in two weeks, but his was they thought he was somebody else and got up behind him to handcuff him while they were talking to him.

I'm not from Florida, and I'm not a lawyer, but I studied extensively in undergrad. It seems to me that the most relevant question needs to be, what was the initial offense? Did he break a curfew? Was it a Terry stop? Did he have an outstanding warrant? It sounds as though there was no reasonable cause to stop him, much less arrest him; therefore any reticence in acceding to arrest is plausible. Still, I would suggest that he get a lawyer, post haste.

[gold-n-rod]

This citizen is thankful for the concept of "innocent until proven guilty," Thanks, Fish, for upholding that tenet. You are an honorable man.

[goatee]

dont know, i always get violent