Resisting Arrest with Violence

In Florida if you assault or batter a police officer you will no doubt be charged with a serious felony, punishable by a potentially lengthy prison term. In addition to assault or battery upon an officer often an individual can and will be charged with an additional felony for resisting an officer with violence. Factual scenarios as discussed above are quite familiar to our Tampa criminal attorneys. Over the years our Tampa criminal lawyers have represented many Floridians and tourists alike who have been investigated and detained by officers. A typical scenario involves an individual who’s had a few drinks on the beach and is detained by an officer. Communication between the officer and individual is often poor and ultimately an arrest is attempted and met with physical resistance. Depending on the amount of resistance and the subjective opinion of the officer, our client ends up being charged with an unnecessary felony for resisting arrest with violence. Each Tampa resisting arrest attorney in our firm is well versed in fighting these kinds of charges and understands what buttons must be pushed to earn a dismissal of your case or a charge reduction.


Resisting arrest with violence is when an individual knowingly and willfully resists, obstructs, or opposes any officer, member of the Parole Commission or any administrative aide or supervisor employed by the parole 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.

Stated more succinctly, if you willfully resist an officer by threatening or committing a violent act against them, you could be charged with this crime. If you find yourself charged with this crime you will be facing a third degree felony, punishable by up to 5 years in the Florida Department of Corrections and subject to a $5,000 fine. Collaterally, many employers or housing complexes will consider a crime of this nature as a “violent” crime and that categorization could bar you from employment or housing.


Each Tampa criminal attorney at The Mayberry Law Firm is experienced in fighting these allegations against our clients. We understand that often these allegations are ones of exaggeration; exaggerations that could negatively affect our clients for the rest of their lives. With that in mind we put to use our years of experience as both prosecutors and defense attorneys to find a resolution to your case that offers the best possible result. If that means taking your case to trial to prove your innocence we will do it. If that means working out a diversion offer or charge reduction plea deal to allow you to put this behind you, we can very likely do that too. One thing is certain, we’re here to help. Contact The Mayberry Law Firm today at 813-444-7435 for a free consultation.