Resisting Arrest Without Violence / Resisting Arrest With Violence
Resisting arrest is usually an “add on crime”, meaning that Miami police often add this charge to a list of others they are arresting you for. Sometimes those other charges fall away and resisting arrest is all that is left.
It can be charged as a first degree misdemeanor, punishable by up to a year in jail, or as a felony, punishable by up to five years in state prison, depending on whether the officer alleges that you used force or “violence” in obstructing him.
Even if a prosecutor can be convinced that this charge is without merit, they typically defer to the police officer before they dismiss the charge. It helps to hire a Miami defense attorney like Grant Dwyer, who can talk to the police officer himself.
Police officers are human, as we all are. Anger and frustration are usually all that is behind a Resisting Arrest charge. With some time, and with the right lawyer representing you, police officers will often agree that the charge should be dismissed.
In the cases when they do not, you need a lawyer who is ready to fight for you. The police paperwork almost always has some mistakes. On the witness stand, police officers often exaggerate. Juries can see through nonsense. If it was the officer who was the aggressor, if you were the real victim, we need to make sure the jury understands that.
No conviction, even a conviction for something like this, should stand. Contact Grant Dwyer, a Miami criminal attorney, to discuss the best way to go forward on your Resisting Arrest case.
Call us at 305-215-7586 or click HERE.