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Daytona Beach Lawyers > Blog > Criminal Law > Protect Yourself Against Charges Of Resisting Arrest: What To Do If Approached By Law Enforcement

Protect Yourself Against Charges Of Resisting Arrest: What To Do If Approached By Law Enforcement


Being suspected of committing any type of crime and having law enforcement officers question you or attempt to take you into custody is an unnerving experience. It is natural to want to do what you can in avoiding this type of situation or even to consider resisting their efforts in some way. However, doing so could result in serious criminal charges in Daytona Beach. It is important to be aware of your rights in these matters and the penalties you could face for resisting arrest.

Resisting Arrest In Daytona Beach

In Daytona Beach, any effort to resist, oppose, or obstruct the efforts of law enforcement officials in performing their duties could result in criminal charges of resisting arrest. These generally fall into two categories:

  1. Resisting Arrest Without Violence: As the name implies, this involves any non-violent type of resistance, such as attempting to elude apprehension or fleeing a crime scene. Under Section 843.02 of the Florida Statutes, this is a misdemeanor crime punishable by fines up to $1,000 and up to a one year jail sentence.
  2. Resisting Arrest With Violence: A more serious charge, this involves threatening a police officer or engaging in some type of violent conduct, such as a physical altercation, in an attempt to avoid apprehension, questioning, or the gathering of evidence. This is a felony crime in Florida, punishable by fines up to $5,000 and up to five years in prison.

There are defenses available if you are charged with either type of resisting arrest in Daytona Beach. Asserting that you were not made aware that the person in question was a law enforcement officer, acting in self-defense, and the use of excessive force on the officer’s part could all possibly help you avoid a criminal conviction.

What To Do If You Are Stopped Or Detained By Law Enforcement Officers

While not respecting a police officer’s authority and attempting to resist arrest could result in serious criminal charges in Daytona Beach, you do have certain rights in these situations. The Florida chapter of the American Civil Liberties Union (ACLU) advises taking the following actions if you are stopped or detained:

  • Remain calm;
  • Do not attempt to leave the scene;
  • Keep your hands where the officer can see them at all times;
  • Ask if you are free to leave;
  • If you are arrested, ask to know why;
  • Assert your right to remain silent and refuse to answer any questions.

It is important to note that under Florida law, you are required to give officers your name and provide identification as requested. If you are an immigrant, documentation of your status should be carried with you at all times.

Contact Us Today for Help

If you are placed under arrest or have any type of altercation involving law enforcement, it is important to get an experienced Daytona Beach criminal defense attorney on your side right away.  Call or contact Bundza & Rodriguez, P.A. online to request a consultation today.




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