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Resisting Arrest

Resisting arrest in Florida falls into two categories: with violence and without violence. Moreover, for many alleged juvenile offenders, criminal charges for resisting arrest may still be prosecuted even when the charges relating to the underlying offenses have been dismissed.

Younger alleged offenders may be eligible for diversion programs that allow them to possibly have criminal charges dismissed through successful completion of certain court programs or requirements.

Attorney for Resisting Arrest Charges in Gainesville, FL

If your child has been charged with allegedly resisting arrest anywhere in north central Florida, it will be in your best interest to exercise your right to remain silent until you have legal counsel.

Galigani Law Firm defends juvenile clients in communities in and around Gainesville, including many in Columbia County, Baker County, Bradford County, and Union County.

Dean Galigani is an experienced criminal defense lawyer in Gainesville who is Board Certified in Criminal Trial Law by the Florida Bar. You can have our attorneys review your case and discuss all of your legal options as soon as you call (352) 375-0812 to schedule a free, confidential consultation.


Alachua County Resisting Arrest Information Center


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Gainesville Resisting Arrest Without Violence Penalties

Florida Statute § 843.02, makes it a first-degree misdemeanor offense to resist a lawful arrest without violence punishable by up to one year in jail and a fine of up to $1,000. The offense occurs when an individual resists, obstructs, or opposes any of the following without offering or doing violence to the officer’s person:

  • Law enforcement officer;
  • Correctional officer;
  • Correctional probation officer;
  • Part-time law enforcement officer;
  • Part-time correctional officer;
  • Auxiliary law enforcement officer;
  • Auxiliary correctional officer;
  • Member of the Florida Commission on Offender Review 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
  • Any 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.

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Resisting Arrest With Violence Penalties in Alachua County

Florida Statute § 843.01, however, makes it a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000 for an alleged offender to knowingly and willfully resist, obstruct, or oppose an individual authorized to make an arrest by offering or doing violence against such officer or legally authorized person.

It is not uncommon for alleged offenders to face resisting arrest with violence charges even though the alleged offender's actions did not truly constitute a violent behavior. In some cases, any form of physical contact with a law enforcement officer can result in resisting arrest with violence charges.

A skilled criminal defense lawyer can examine all possible defenses in such cases, including questioning whether the alleged offender's actions were truly knowing and willful, whether the alleged offender actually knew he or she was resisting a law enforcement officer, or whether the law enforcement officer was engaged in a lawful duty.


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Florida Resisting Arrest Resources

What To Do When Encountering the Police (for Youth) | American Civil Liberties Union (ACLU) — The ALCU considers itself "our nation's guardian of liberty" and works in the courts, legislatures, and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States. On this section of the ACLU website, you can find all kinds of helpful information for younger adults when dealing with law enforcement. Learn more about interacting with police in school, what to do when questioned or stopped, and how to act during searches or arrests.

How to Flex Your Rights During Police Encounters — Flex Your Rights is a 501(c)(3) educational nonprofit civil liberties organization. It creates and distributes what it refers to as “the most compelling, trustworthy, and practical know-your-rights media content in the universe.” On this website you can find answers to frequently asked questions about traffic stops, police encounters at your door, and other general questions.


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Galigani Law Firm | Gainesville Resisting Arrest Defense Lawyer

Has your child been charged in north Central Florida with allegedly resisting arrest? It is in your best interest to remain silent until you have first contacted Galigani Law Firm.

Gainesville criminal defense attorney Dean Galigani represents individuals in Alachua County, Gilchrist County, Levy County, Marion County, and many surrounding areas of Gainesville.

Call (352) 375-0812 or fill out an online contact form to have our lawyers provide a complete evaluation of your case during a free, confidential consultation.



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