Resisting Arrest With Violence
Resisting arrest with violence offenses give law enforcement officers broad discretion to arrest individuals who forcibly resists them in their official duties. Both federal and Florida laws include heavy fines and severe criminal penalties, including potential mandatory/minimum sentences of up to 25 years and maximum potential sentences of up to life. Mr. Petruzzi has represented numerous individuals charged with, or under investigation for, resisting arrest with violence offenses by both federal and state authorities. His experience and knowledge serve as an invaluable asset to his clients.
Federal resisting arrest with violence offenses are investigated and prosecuted by various agencies, including the FBI, DEA, ATF, ICE, IRS, Secret Service, Department of Homeland Security and the Department of Justice. Some common federal statutes criminalizing this offense include:
18 USC Sec. 111 –
(a) In General. – Whoever –
(1) Forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) Forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty. – Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
Florida resisting arrest with violence offenses are investigated and prosecuted by various state and local law enforcement agencies. Some common Florida statutes criminalizing these offenses include:
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.
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