Obstruction of justice is commonly referred to the act of someone tampering with an aspect of a legal investigation or arrest. Many people are familiar with some of the most common forms of obstruction of justice such as lying to a police officer, tampering with evidence, or resisting arrest. However, there is one aspect of obstruction of justice that people may not be completely aware of and that is resisting an officer without violence. This particular arm of the law can be a gray area for many people. It is important that you seek the advice of legal counsel in order to adequately understand how this charge was made against you or your loved one and what you can do about a defense strategy against this particular charge. Here, we will discuss what resisting an officer without violence means and how you can easily be charged with it if you break certain rules during an arrest.
Resisting an Officer without Violence
The term is self-explanatory in the way that the accused has been charged with resisting an officer without displaying any sort of violent action. However, specifically, the law indicates that if a person does anything knowingly and willfully to obstruct justice while an officer carries out their duties then the arrestee could be charged with obstruction of justice. People misunderstand that they do not necessarily have to be blatantly disrespectful to be charged with this crime. In some ways, it’s not even what you do, but rather what you don’t do that can get you in trouble. Some ways that a person may be charged with resisting an officer without violence include:
- Refusing to place your hands behind your back;
- Refusing to leave when asked to do so;
- Failure to obey verbal commands;
- Providing false information;
- Hiding evidence;
- Flexing your hands or arms while you are being handcuffed;
- Providing faulty identification;
- Encouraging others to harass or provoke police officers; and
- Badgering an officer.
Above are just a few examples, for more information please contact a defense attorney for more information. There are a number of scenarios that could fall within the scope of this law.
Resisting an officer without violence carries some serious consequences. For a first offense the accused is looking at up to one year in jail, one year of probation and $1000 fine. This law is taken seriously as it is the focus of everybody to ensure that officers are treated with respect and that their safety is maintained throughout any legal process. However, there are instances where obstruction of justice is not a justified charge and you should seek assistance.
Obstruction of justice can be a complicated law to follow. If you would like more information about the possible defense strategies for obstruction of justice, reach out to a defense attorney who will work for you. Scott Skier has years of experience defending clients in West Palm Beach, Florida. Allow his experience to guide you in the right direction. Call him today for a free consultation.