Marc Joseph | September 30, 2019

Can an officer use force when making an arrest?

The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested. You cannot use violence to resist an illegal arrest. Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.