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Resisting Arrest – Case # MM-016005, Delray Beach, Florida

On June 2 2008 at 2:49 PM, during a routine traffic stop, the Delray Police Department alleged that a man resisted arrest, and in doing so committed battery against a law enforcement officer.

In Florida, a person may be accused of resisting arrest without or with violence. Resisting without violence is a First Degree Misdemeanor punishable by up to one year in the county jail and a $1,000.00 fine or both. Resisting arrest with violence is a third degree Felony punishable by up to five years in state prison and a $5,000.00 fine or both.

Resisting arrest in Florida is defined as: Whoever shall resist, obstruct, or oppose 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; county probation officer; parole and probation supervisor; 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, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

The Law Office of Andrew D. Stine, a criminal defense attorney in West Palm Beach Florida, represented this defendant. Mr. Stine argued that the Officers or Law Enforcement Officers did not act in a lawful manner when they arrested the defendant. The theme of the case or theory of defense was that this was a false allegation or false arrest and that the officers were the aggressors; and the defendant did not act in the manner that the officers testified to.

Criminal Defense Attorney Andrew D. Stine argued to the West Palm Beach jury that according to the above law, if the police officers acted in a way that was contrary to their lawful execution of any legal duty, then the jury must find the defendant not guilty of the crime.

On February 24, 2009, the jury returned a verdict of not guilty in Case # 2008–MM-016005 AXX. The jury agreed that the law enforcement officers were the aggressors and therefore, acted contrary to their lawful duty and thus, the defendant was found not guilty of all counts. Because if the police act unlawfully, then the citizen may in fact resist unlawfully arrest.

Criminal defense attorney Andrew Stine was able to obtain an acquittal – not guilty, on all counts.

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