Resisting Arrest

Obstruction

Obstruction refers to the act of intentionally interfering with or obstructing the duties of law enforcement officers or other public servants in the performance of their official duties. In Florida, obstruction encompasses various offenses, including Resisting Arrest with and without violence, Obstruction by Disguise, and Obstructing Justice. These offenses are outlined under Section 843 of the Florida Statutes.

Resisting Arrest with Violence (Section 843.01, Florida Statutes):

Resisting Arrest with Violence occurs when an individual willfully and violently resists, obstructs, or opposes a law enforcement officer while they are performing their lawful duties. This offense involves using physical force or violence against the officer or other individuals present. Resisting Arrest with Violence is classified as a third-degree felony, punishable by imprisonment for up to five years and/or fines.

Resisting Arrest without Violence (Section 843.02, Florida Statutes):

Resisting Arrest without Violence refers to the willful act of resisting, obstructing, or opposing a law enforcement officer without the use of physical force or violence. This offense can include actions such as verbally resisting, evading arrest, or refusing to comply with lawful orders. Resisting Arrest without Violence is classified as a first-degree misdemeanor, carrying penalties of imprisonment for up to one year and/or fines.

Obstruction by Disguise (Section 843.03, Florida Statutes):

Obstruction by Disguise involves intentionally disguising oneself with the intent to obstruct the due execution of the law or to avoid the identification of one’s identity. This offense is also classified as a first-degree misdemeanor, punishable by imprisonment for up to one year and/or fines.

Obstructing Justice (Section 843.085, Florida Statutes):

Obstructing Justice involves knowingly and willfully influencing, intimidating, or impeding any witness, victim, or informant in a criminal investigation or proceeding. This offense can include actions such as threatening or bribing witnesses, tampering with evidence, or attempting to prevent communication with law enforcement. Obstructing Justice can range from a third-degree felony to a first-degree felony, depending on the specific circumstances. Penalties can include imprisonment for up to five years to thirty years, and fines.

At Natalie Lopez Attorney at Law, P.A., we understand the complexities surrounding obstructing justice cases and the importance of protecting your rights. If you are facing charges of obstructing justice, contact 954-888-8833 to schedule a confidential consultation. We are here to prepare to conquer your case and lead you to your legal destination through the criminal justice process.

Tampering

Tampering with a Witness involves the intentional interference or obstruction of the testimony, statements, or cooperation of a witness in a criminal investigation or proceeding. In Florida, this offense is taken seriously to protect the integrity of the legal system and ensure the fair administration of justice. Tampering with a Witness is outlined under Section 914.22 of the Florida Statutes.

Tampering with a Witness can take various forms, including:

1. Intimidation or Threats: Engaging in behavior or making threats that are intended to intimidate or coerce the witness to withhold or alter their testimony. This can involve acts of violence, harassment, or blackmail.
2. Bribery: Offering or providing inducements, such as money, gifts, or favors, to influence the witness to provide false or misleading information or to refrain from cooperating with law enforcement or testifying truthfully.
3. Misleading or Influencing: Knowingly providing false information or misleading statements to the witness with the intention of distorting their testimony or affecting their cooperation in the legal process.
4. Retaliation: Taking retaliatory actions against a witness, such as harm to their reputation, property, or personal safety, in an effort to discourage them from testifying or cooperating.

Tampering with a Witness is a serious offense in Florida and carries significant penalties. The specific penalties depend on the circumstances and severity of the tampering:

• Tampering with a Witness in a misdemeanor case is classified as a third-degree felony, punishable by imprisonment for up to five years and/or fines.
• Tampering with a Witness in a felony case is classified as a second-degree felony, carrying penalties of imprisonment for up to fifteen years and/or fines.
• If the tampering involves the use of physical force, threat of force, or if the person tampered with is a victim of a violent crime, the offense is enhanced to a first-degree felony, punishable by imprisonment for up to thirty years and/or fines.

In order to secure a conviction for tampering, the prosecution must prove certain elements beyond a reasonable doubt. This includes demonstrating that the accused person knowingly and intentionally engaged in conduct that interfered with evidence, witnesses, or the legal process. The state must establish that the tampering was done with the specific intent to obstruct justice or hinder the administration of justice.

If you are facing tampering charges, contact our firm at 954-888-8833 to schedule a confidential consultation.