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Resisting arrest is an offense that involves resisting or obstructing a law enforcement officer in any manner who is making or attempting to make an arrest. This could involve any parole officer, county probation officer, personnel in law enforcement, or any other person who is legally authorized to make an arrest.
If you are facing charges of resisting arrest, contact the Miami criminal defense attorney at Law Office of Armando J. Hernandez, P.A. for strong representation.
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When a person is arrested by law enforcement, they may not be aware until much later that a charge of “resisting without violence” or “resisting with violence” has been added to the list of offenses. Any action made by an individual being arrested could be classified as resisting arrest. If a person disputes, they can be charged with resisting arrest without violence. If a person struggles or gets physical, the charge can be increased to resisting with violence.
The various resisting arrest offenses and their penalties are as follows:
- Resisting arrest without violence or injury to the law enforcement officer is a first-degree misdemeanor. If a person is charged with this offense, they may face up to 12 months in county jail and/or a fine of up to $1,000.
- Resisting an officer with violence to their person is a third-degree felony. If a person is charged with this offense, they may face up to 5 years in state prison and/or a fine of up to $5,000.
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