Resisting Arrest During a Protest or Demonstration
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This article explains the Florida statutes that dictate an individual’s consequences if he/she is arrested during a protest or demonstration. When you’re in a crowd for a political, religious, or social gathering, your actions will be strictly observed and judged by the police. While this differential treatment is necessary for law enforcement to maintain control, their demands may seem ridiculous or irrational, causing many to disregard them.
Despite what you may think at the time, the law is likely to fall on the side of local enforcement, even if they seem to be acting in an illegal manner. If you’ve been arrested for resisting arrest or obstruction, you need the services of a criminal defense attorney.
As a criminal defense lawyer, Ryan Rooth has seen firsthand how quickly things between the police and a citizen or protestor can unravel. The citizen or protestor usually ends up the loser, but understanding and educating yourself will help you avoid the legal pitfalls many people find themselves trying to climb out of because of misinformation.
Failing to comply with the police officers order will land you in jail for the misdemeanor crime of Resisting Arrest or Obstruction, Florida Statute 843.01. If your situation escalates to any violence you will face a third degree felony for the crime of Resisting or Obstructing an Officer with Violence, Florida Statute 843.02.
As an experienced criminal defense attorney, Mr. Rooth knows that the police officer is the one who usually gets the last laugh. Whether the charge is a misdemeanor or a felony, your non-compliance either lands you in jail or the emergency room before jail. In the end, your own behavior will dictate how much legal trouble you find yourself in.
Avoiding an arrest for obstruction is quite easy. From his years as an attorney, Mr. Rooth can testify that it is no great secret and there are no gimmicks: just comply. It’s that simple. Comply with the police officers’ command to step back or leave the area and acknowledge and engage in polite way to show that you are complying. Failing to comply with a police officer’s order is likely to land you in the Hillsborough County Jail.
Your time to fight the officers orders are not there on the street corner. There is nothing you can do to hold your legal ground. Your place to fight back against the police officer’s order is in courtroom with a judge determining if your civil rights were violated. You have no legal rights in the street while facing an officer of the law; to resist, obstruct or oppose what the police have ordered is illegal and dangerous. Because disobedience is the method of action of many protests, violent or non, many people find themselves in more legal trouble than they bargained for or seriously injured physically.
If you find yourself facing a Resisting or Obstructing charge, call our office immediately. Do not fall for a quick plea deal; many police officers will not return to testify against you in court anyways. Before you make your plea, you should consult a criminal defense attorney.
ABOUT THE AUTHOR: Ryan Rooth - Criminal Defense Attorney
Ryan Rooth is a practicing attorney at the Rooth Law Group, P.A. along with Kelly Rooth. Mr. Rooth is a member of the following associations: Florida Association of Criminal Defense Lawyers and Hillsborough County Association of Criminal Defense Lawyers, St. Petersburg Bar Association, Clearwater Bar Association, and Attorneys’ Title Insurance Fund, Inc.
Based in St. Petersburg and the Tampa area, the lawyers at Rooth Law Group work together to help individuals in criminal defense, personal injury, and auto accident cases.
Copyright Rooth Law Group, P.A.
More information about Rooth Law Group, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
As a criminal defense lawyer, Ryan Rooth has seen firsthand how quickly things between the police and a citizen or protestor can unravel. The citizen or protestor usually ends up the loser, but understanding and educating yourself will help you avoid the legal pitfalls many people find themselves trying to climb out of because of misinformation.
Failing to comply with the police officers order will land you in jail for the misdemeanor crime of Resisting Arrest or Obstruction, Florida Statute 843.01. If your situation escalates to any violence you will face a third degree felony for the crime of Resisting or Obstructing an Officer with Violence, Florida Statute 843.02.
As an experienced criminal defense attorney, Mr. Rooth knows that the police officer is the one who usually gets the last laugh. Whether the charge is a misdemeanor or a felony, your non-compliance either lands you in jail or the emergency room before jail. In the end, your own behavior will dictate how much legal trouble you find yourself in.
Avoiding an arrest for obstruction is quite easy. From his years as an attorney, Mr. Rooth can testify that it is no great secret and there are no gimmicks: just comply. It’s that simple. Comply with the police officers’ command to step back or leave the area and acknowledge and engage in polite way to show that you are complying. Failing to comply with a police officer’s order is likely to land you in the Hillsborough County Jail.
Your time to fight the officers orders are not there on the street corner. There is nothing you can do to hold your legal ground. Your place to fight back against the police officer’s order is in courtroom with a judge determining if your civil rights were violated. You have no legal rights in the street while facing an officer of the law; to resist, obstruct or oppose what the police have ordered is illegal and dangerous. Because disobedience is the method of action of many protests, violent or non, many people find themselves in more legal trouble than they bargained for or seriously injured physically.
If you find yourself facing a Resisting or Obstructing charge, call our office immediately. Do not fall for a quick plea deal; many police officers will not return to testify against you in court anyways. Before you make your plea, you should consult a criminal defense attorney.
ABOUT THE AUTHOR: Ryan Rooth - Criminal Defense Attorney
Ryan Rooth is a practicing attorney at the Rooth Law Group, P.A. along with Kelly Rooth. Mr. Rooth is a member of the following associations: Florida Association of Criminal Defense Lawyers and Hillsborough County Association of Criminal Defense Lawyers, St. Petersburg Bar Association, Clearwater Bar Association, and Attorneys’ Title Insurance Fund, Inc.
Based in St. Petersburg and the Tampa area, the lawyers at Rooth Law Group work together to help individuals in criminal defense, personal injury, and auto accident cases.
Copyright Rooth Law Group, P.A.
More information about Rooth Law Group, P.A.
View all articles published by Rooth Law Group, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
