Pensacola Resisting Arrest Lawyer

What Constitutes Resisting Arrest in Pensacola, Florida?

In Florida, resisting arrest is defined under Florida Statutes Section 843.02, which makes it illegal to resist, obstruct, or oppose a law enforcement officer while they are performing their duties.

Resisting arrest can be categorized in two ways: with violence or without violence.

Resisting Arrest Without Violence

This charge is typically a first-degree misdemeanor and includes actions like pulling away from an officer, refusing to follow orders, or providing false information during an arrest.

Resisting Arrest With Violence

This charge is more severe and is considered a third-degree felony. It involves actions such as physically fighting with an officer, using force to resist arrest, or attempting to harm the officer.

Understanding the specific charge you’re facing is critical because the penalties can vary significantly based on whether violence was involved.

Escambia County Arrest Procedures and Your Rights

In Pensacola and across Escambia County, law enforcement follows strict procedures when making an arrest.

However, these procedures can sometimes escalate situations, leading to resisting arrest charges. It’s crucial to know your rights during an arrest:

• Right to Remain Silent: You are not obligated to speak to the police beyond providing basic identification information.
• Right to an Attorney: You have the right to request an attorney at any point during the arrest process.

If you believe your rights were violated during your arrest, this could be a key element in your defense strategy.

Attorney Josef Mitkevicius is well-versed in Escambia County’s arrest procedures and can help you build a strong case.

Penalties for Resisting Arrest in Pensacola, Florida

Resisting arrest without violence is a serious charge, even though it is considered a misdemeanor. The penalties for this offense can include:

• Up to one year in jail
• Fines up to $1,000
• Community service
• Probation

Additionally, having a misdemeanor on your record can impact your employment opportunities, housing options, and more. The consequences extend beyond immediate penalties, affecting your long-term quality of life.

Penalties for Resisting Arrest With Violence in Pensacola

If you are charged with resisting arrest with violence, the stakes are even higher. This felony charge can result in:

• Up to five years in prison
• Fines up to $5,000
• A permanent criminal record
• Potential loss of civil rights, such as voting or owning a firearm

The penalties for resisting arrest with violence are severe because they involve the use of force against a law enforcement officer.

Attorney Josef Mitkevicius understands the gravity of these charges and is prepared to fight for your freedom.

Defenses Against Resisting Arrest Charges in Pensacola, Florida

When facing resisting arrest charges, it’s essential to have a skilled defense lawyer who can evaluate the circumstances of your case and develop a strategy tailored to your situation.

Some of the most effective defenses include:

Self-Defense in Resisting Arrest Cases

In some cases, you may have resisted arrest because you believed you were in danger.

If an officer used excessive force or acted unlawfully, you may have had no choice but to defend yourself.

Florida law allows for self-defense in situations where you reasonably believe you are in imminent danger of harm.

Attorney Mitkevicius can help you gather evidence to support a self-defense claim and challenge the prosecution’s case.

Lack of Intent or Mistake of Fact

Another defense involves proving that you did not intend to resist arrest or that you were mistaken about the situation.

For example, you may not have realized that the person attempting to arrest you was a police officer, or you may have misunderstood the officer’s commands.

Demonstrating a lack of intent can lead to reduced charges or even a dismissal of your case.

Unlawful Arrest or Excessive Force by Law Enforcement

If the arrest itself was unlawful or if excessive force was used, any actions you took in response may be justified.

Proving that the arresting officer violated your rights can be a powerful defense.

Attorney Josef Mitkevicius has experience challenging unlawful arrests and can work to have your charges dropped if your rights were infringed upon.

How a Pensacola Resisting Arrest Lawyer Can Help

Every resisting arrest case is unique, and building a strong defense requires a thorough investigation of the facts.

Attorney Josef Mitkevicius will work closely with you to understand every detail of your case.

He will gather evidence, review police reports, and identify any inconsistencies or violations of your rights.

Negotiating with the Prosecution

In some cases, it may be possible to negotiate with the prosecution to reduce your charges or secure a more favorable outcome.

Attorney Mitkevicius is a skilled negotiator who understands the tactics prosecutors use and how to counter them effectively.

His goal is always to achieve the best possible outcome for his clients, whether that means negotiating a plea deal or fighting for a dismissal of charges.

Trial-Ready Representation for Resisting Arrest Cases

If your case goes to trial, you need an attorney who is prepared to defend you in court.

Josef Mitkevicius has a reputation for being a fearless advocate for his clients, and he will not hesitate to take your case to trial if necessary.

He will present a compelling defense on your behalf and work tirelessly to protect your rights and freedom.

Contact a Pensacola Resisting Arrest Lawyer Today

If you or a loved one is facing resisting arrest charges in Pensacola, it’s crucial to act quickly. The sooner you contact an experienced defense lawyer, the better your chances of achieving a favorable outcome.

Attorney Josef Mitkevicius offers free consultations to discuss your case and explore your legal options.

Don’t let a resisting arrest charge ruin your life—reach out to Mitkevicius Law, PLLC today.