| Florida Resisting Arrest With & Without Violence & Providing False ID to LEO Crimes |
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WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida criminal defense attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. C The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Winter Park criminal defense lawyer and Orange County Florida criminal defense attorney today. The Wilson Law Firm, P.L. © 2010
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Orlando Criminal Attorney - Resisting Arrest & Providing False ID:
These offenses can result from a number of scenarios, and the penalties for
them can vary greatly depending on the circumstances involved. If you have been
charged with resisting arrest or providing false ID to a Law Enforcement Officer,
you should speak with an experienced criminal defense attorney at your earliest
opportunity to learn about your rights and the defenses that may be available
to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding resisting arrest and providing False ID to
Law Enforcement Officer Offenses:
Resisting Arrest - The criminal offense of Resisting Arrest can fall into one of two categories: resisting without
violence and resisting with violence. In the following sections, we will discuss the differences between these
categories.
Resisting Arrest without Violence occurs when an individual resists, obstructs, or opposes any officer,
personnel or representative of the Department of Law Enforcement without offering or doing violence to the person of
the officer. The offense of Resisting Arrest without Violence is a first degree misdemeanor punishable by up to 1
year in the county jail. In many cases, the offense of Resisting Arrest without violence is charged when a person fails
to immediately comply with the officers orders. Some officers take this to an absurd level in charging this offense.
Resisting with violence occurs when an individual knowingly and willfully resists, obstructs, or opposes any
officer or representative of the Department of Law Enforcement by offering or doing violence to the person of such
officer or legally authorized person. The offense of Resisting Arrest with violence is a third degree felony punishable
by up to 5 years in state prison. In some cases, a person may find themselves arrested for simply placing a hand on
the officers person.
The following Florida Statutes provide some more information on resisting arrest and other related offenses that can
occur:
Florida Statute 843.01 - Resisting officer with violence to his or her person.
Whoever knowingly and willfully resists, obstructs, or opposes 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;
parole and probation supervisor; county probation officer; 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, by offering or doing violence to the person of such officer or legally authorized person, is
guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 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.
Florida Statute 843.025 - Depriving officer of means of protection or communication.
It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as
defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or
to otherwise deprive the officer of the means to defend herself or himself or summon assistance. Any person who
violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Florida Statute 843.03 - Obstruction by disguised person.
Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the
intent to intimidate, hinder, or interrupt any officer, beverage enforcement agent, or other person in the legal
performance of his or her duty or the exercise of his or her rights under the constitution or laws of this state, whether
such intent is effected or not, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Florida Statute 901.36 - Prohibition against giving false name or false identification by person arrested or
lawfully detained; penalties; court orders.
(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false
name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail
personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who violates subsection (1), if such violation results in another person being adversely affected by the
unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) In sentencing a person for violation of this section, a court may order restitution.
(b) The sentencing court may issue such orders as are necessary to correct any public record because it contains
a false name or other false identification information given in violation of this section.
(c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other
identification in violation of this section may obtain from the court orders necessary to correct any public record, as
described in paragraph (b).
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
These offenses can result from a number of scenarios, and the penalties for
them can vary greatly depending on the circumstances involved. If you have been
charged with resisting arrest or providing false ID to a Law Enforcement Officer,
you should speak with an experienced criminal defense attorney at your earliest
opportunity to learn about your rights and the defenses that may be available
to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding resisting arrest and providing False ID to
Law Enforcement Officer Offenses:
Resisting Arrest - The criminal offense of Resisting Arrest can fall into one of two categories: resisting without
violence and resisting with violence. In the following sections, we will discuss the differences between these
categories.
Resisting Arrest without Violence occurs when an individual resists, obstructs, or opposes any officer,
personnel or representative of the Department of Law Enforcement without offering or doing violence to the person of
the officer. The offense of Resisting Arrest without Violence is a first degree misdemeanor punishable by up to 1
year in the county jail. In many cases, the offense of Resisting Arrest without violence is charged when a person fails
to immediately comply with the officers orders. Some officers take this to an absurd level in charging this offense.
Resisting with violence occurs when an individual knowingly and willfully resists, obstructs, or opposes any
officer or representative of the Department of Law Enforcement by offering or doing violence to the person of such
officer or legally authorized person. The offense of Resisting Arrest with violence is a third degree felony punishable
by up to 5 years in state prison. In some cases, a person may find themselves arrested for simply placing a hand on
the officers person.
The following Florida Statutes provide some more information on resisting arrest and other related offenses that can
occur:
Florida Statute 843.01 - Resisting officer with violence to his or her person.
Whoever knowingly and willfully resists, obstructs, or opposes 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;
parole and probation supervisor; county probation officer; 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, by offering or doing violence to the person of such officer or legally authorized person, is
guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 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.
Florida Statute 843.025 - Depriving officer of means of protection or communication.
It is unlawful for any person to deprive a law enforcement officer as defined in s. 943.10(1), a correctional officer as
defined in s. 943.10(2), or a correctional probation officer as defined in s. 943.10(3) of her or his weapon or radio or
to otherwise deprive the officer of the means to defend herself or himself or summon assistance. Any person who
violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Florida Statute 843.03 - Obstruction by disguised person.
Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law, or with the
intent to intimidate, hinder, or interrupt any officer, beverage enforcement agent, or other person in the legal
performance of his or her duty or the exercise of his or her rights under the constitution or laws of this state, whether
such intent is effected or not, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Florida Statute 901.36 - Prohibition against giving false name or false identification by person arrested or
lawfully detained; penalties; court orders.
(1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false
name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail
personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who violates subsection (1), if such violation results in another person being adversely affected by the
unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) In sentencing a person for violation of this section, a court may order restitution.
(b) The sentencing court may issue such orders as are necessary to correct any public record because it contains
a false name or other false identification information given in violation of this section.
(c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other
identification in violation of this section may obtain from the court orders necessary to correct any public record, as
described in paragraph (b).
_________________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Orange County Florida Criminal Lawyer & Orlando DUI Attorney
| Call Today: (407) 648-5255 |
Orlando Criminal Lawyer & Orange County Florida DUI Attorney -
| Call Today: (407) 648-5255 |
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