Resisting an Officer Without Violence (RAWOV) Arrest In Okaloosa County

Under Florida Statute 843.02, the law prohibits Resisting an Officer Without Violence, in all counties, including Okaloosa County.

This category of crime is a first degree misdemeanor. The potential penalty is up to 1 year in jail and a $1,000 fine.

F.S. 843.02, gives us the definitional elements of the charge which are:

• That the Defendant intentionally and knowingly resisted, obstructed, or opposed the officer (but without offering or committing violence).
• At the time, the officer was engaged in the execution of a legal process or engaged in the lawful execution of a legal duty.
• At the time, the officer was a person legally authorized to execute that legal duty or process.
• At the time, the defendant knew that the officer was a person legally authorized to execute that legal duty or process.

Since one of the required elements is knowing that the person was an officer, it may be a defense to the charge if the person did not properly identify themselves as law enforcement, either by a lack of proper uniform or by failing to identify themselves at the time of the interaction.

If you have been charged with resisting arrest in Fort Walton Beach, Destin or anywhere else in Okaloosa County, give me a call at (850) 362-6655 for a free consultation.

 

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