If you are arrested for resisting a police officer without violence in Jacksonville, you are facing a first degree misdemeanor. In order to prove the charge, the prosecutor must prove that:
1. the officer was engaged in the lawful execution of a legal duty AND
2. the action by the suspect obstructed or resisted the lawful duty
There is a distinction between an officer executing a lawful duty and an officer who is just “on the job”. The arrest also has to be lawful and if it is not, a suspect can’t be guilty of resisting it. If you are arrested for this offense, call a criminal defense attorney in Jacksonville to discuss your case and rights.