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Posted over 13 years ago.

the charge is a misd. (resisting arrest without violence/obstruction). in court they focused on the obstruction but the charge focuses on the resisting arrest.

Jason Matthew Mayberry

Jason Matthew Mayberry Tampa Criminal Defense Attorney

Posted over 13 years ago.

Obstruction and resisting are somewhat synonymous with each other. By your attorney focusing on the "obstruction" he was likely addressing the same act occurring. In fact, the State likely made the jury instruction to address both or possibly just obstruction which is why your defense attorney likely focused on that. I've included the statute if that helps.

843.02 Resisting officer without violence to his or her person.—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.

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