Obstruction with Violence Attorney in Orlando, Florida
Facing a criminal charge can feel like the world is closing in on you. One moment you are living your life, and the next, you are navigating the complex criminal justice system. If you or a loved one has been charged with obstruction with violence, you need to act fast. This is a serious felony charge in Florida, but it does not have to mean a conviction. With the right Orlando criminal defense lawyer, you can fight these allegations and protect your future.
At the Rivas Law Firm, every client receives a strong, personalized defense. Police reports often tell only one side of the story. Our goal is to tell yours.
Recent Case Success: Obstruction with Violence
Results matter. When you hire a lawyer for obstruction with violence charges in Florida, you want to know they are xperienced and aggressive fighters. We recently defended a client facing this exact charge, and the outcome speaks for itself:
Case: State v. I.R-C.
Charges: The defendant was charged with obstruction with violence.
Result: Case dismissed.
While every case is unique, this result shows our commitment to fighting for our clients. We successfully challenged the evidence, leading to a complete dismissal. We are ready to bring that same aggressive representation to your defense.
Understanding Obstruction with Violence in Florida
Under Florida law, specifically Florida Statute 843.01, resisting an officer with violence is a serious crime. It is defined as knowingly and willfully resisting, obstructing, or opposing an officer by offering or doing violence to them.
No Physical Injury Required
Many people are surprised to learn that you can be charged with this crime even if you did not hurt anyone. Simply threatening violence or making aggressive movements toward an officer can be enough for an arrest. Prosecutors often file this charge when an arrest gets chaotic or heated. However, proving this crime in court is much harder than simply making an arrest.
The “Lawful Execution” Requirement
The State Attorney’s Office must prove that the officer was engaged in the “lawful execution of a legal duty.” This is a key point. If the officer was acting illegally—such as using excessive force or making an unlawful arrest—you may have a strong defense. A skilled obstruction with violence attorney in Orlando knows how to examine the arrest details to find these defenses.
Penalties You Could Face
Obstruction with violence is classified as a third-degree felony in Florida, and the consequences of a conviction are severe.
- Prison: You could face up to 5 years in Florida state prison.
- Probation: The court can impose up to 5 years of probation.
- Fines: You may be ordered to pay up to $5,000 in fines.
Beyond the immediate penalties, a felony conviction creates a permanent criminal record. This can make it hard to find a job, rent an apartment, or obtain a loan. You might lose your right to vote or own a firearm. Because the stakes are so high, you should never face these charges without an experienced criminal defense team on your side.
How an Orlando Defense Attorney Can Help You
When you are charged with a crime, the police and prosecutors are already building their case against you. You need someone who understands the system to push back. Here is how our defense team helps:
- Investigating the arrest: We obtain body camera footage, police reports, and witness statements and look for inconsistencies in the officer’s story.
- Challenging the “lawful duty” element: If the officer did not have a legal right to stop or arrest you, the obstruction charge may not stand. We file motions to suppress evidence based on illegal police conduct.
- Negotiating with prosecutors: We present your side to the State Attorney and fight them every step of the way.
- Trial defense: If necessary, we are trial lawyers who are not afraid to take your case to court and fight for a Not Guilty verdict.
An experienced criminal defense lawyer in Orlando does more than just file paperwork. Your attorney stands between you and the power of the state, making sure your rights are respected and your voice is heard.
Why You Need a Lawyer for Obstruction with Violence Cases
You might think you can explain your way out of this charge or that the truth will come out on its own. Unfortunately, the criminal court system rarely works that way. Without a lawyer, you are at a serious disadvantage. Prosecutors know the law and the rules of evidence, and they will use everything you say against you.
Hiring a Florida criminal defense lawyer for obstruction with violence charges levels the playing field. Whether the defense is self-defense against excessive force or lack of intent to obstruct, we craft a strategy tailored to your facts.
Do not gamble with your freedom. The cost of a conviction is far higher than the cost of a strong defense.
Free Consultation – Protect Your Rights Today
If you have been arrested for resisting an officer or obstruction with violence, time is critical. The sooner you hire a lawyer, the sooner we can start working to protect you. We offer a free consultation to review your case and explain your options.
You do not have to face this alone. Let the Rivas Law Firm put our experience and track record of success to work for you.
Frequently Asked Questions About Obstruction with Violence
1. What is the difference between resisting with and without violence?
Resisting without violence is usually a misdemeanor and often involves running away, pulling away, or refusing to obey lawful commands. Resisting with violence is a felony and involves physical force, fighting, or threatening the officer. The penalties for the felony charge are much harsher and can include prison time.
2. Can I be charged with obstruction with violence if I did not actually hit the officer?
Yes. You can be charged with obstruction with violence if you “offered” to do violence. Threats, aggressive movements, or physically tensing up and struggling can lead to an arrest, even if no contact occurred.
3. Is it a defense if the arrest was illegal?
Yes. In Florida, you have the right to resist an unlawful arrest without violence, and you may use reasonable force in self-defense against excessive force. However, proving that the officer was not in the “lawful execution of a legal duty” is a complex legal issue that requires a skilled attorney.
Call 407-644-2466 to speak with an experienced and aggressive Orlando criminal defense attorney at the Rivas Law Firm.