Larry Paul Delaney, a wanted man of Broward County has pled guilty to assaulting a deputy U.S. marshal while he was being arrested in the courthouse, after attempting to file a civil lawsuit at the federal courthouse in Fort Lauderdale. A courthouse security officer noticed there was a “wanted” notice for Delaney as he went through security and the metal detector at the courthouse, for failing to register as a sex offender for a crime in 1998. Four U.S. Marshals were summoned to arrest Delaney because he had a history of assaulting law enforcement officers, according to court records. Delaney resisted arrest and tried to punch one of the marshals, who ducked to avoid being struck and fell to the floor. Delaney kicked the marshal four to five times in the groin and upper thigh area while he was on the ground.
Many times, one may be charged with resisting arrest, either without violence or with violence. However, both are serious offenses that one must be aware of in order to be fully capable of a proper defense.
Charges of resisting arrest without violence are commonly filed against those who run away from law enforcement or attempt to hide before being subsequently arrested. Charges of resisting arrest with violence differ because these charges are filed because of one’s alleged use of violence in attempting to evade arrest. Normally the State will “throw the book” at one if one has the possibility of charges involving misconduct against a police officer or attacking a police officer in the process of resisting, including additional charges of assault or battery on a law enforcement officer.
In Florida, Resisting Arrest with Violence is a charge that is strongly prosecuted by the State Attorney’s Office. In order to be properly convicted of resisting arrest with violence in Florida, the prosecution must prove without a reasonable doubt:
– one knowingly and willfully resisted, obstructed, or opposed the officer by threatening or committing a violent act against him/her,
– at the time, the officer was engaged in the execution of legal process or lawful execution of a legal duty,
– At the time, the officer was in fact an officer or person legally authorized to execute legal process, AND
– At the time, one knew the officer was in fact an officer or person legally authorized to execute legal process.
There are multiple defenses available to challenge a resisting without violence charge in Jacksonville. Common defenses can include the following:
– One’s actions were not “violent” within the meaning of the statute,
– The arresting officer used excessive force and one’s actions were appropriate to fight the excessive force;
– The officer was not engaged in the execution of a legal duty;
– One did not knowingly and willfully commit an act of resistance, but was the result of difficulty of the officer applying handcuffs or other restraint to the accused, or
– one did not know that the person he/she resisted was a law enforcement officer
In many cases, the accused may run away from police because of simple fear of what might happen in prison should one get caught by police. Even though it is the human instinct to run when faced by the possibility of one’s freedoms being stripped, remember, the police can only temporarily deprive one of one’s rights. However, one controls just how much the police and the legal system control the outcome.
One can either hope that the system is fair and treats one with the dignity of a citizen that is expected under the Constitution, or one can obtain an experienced Jacksonville resisting arrest defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One should not have to face an army of difficult legal problems alone. One needs an experienced attorney.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Sex offender scuffle at courthouse ends with guilty plea, Paula McMahon, Sun Sentinel