Yesterday I posted a blog regarding celebrity battery, today another celebrity, Alec Baldwin, provides the launching point for this blog about disorderly conduct and resisting. Mr. Baldwin was arrested in New York for disorderly conduct, even though, according to the article I read, he claims it was for violating a traffic control device. Perhaps a creative prosecutor could also find grounds to charge Resisting an Officer Without Violence or Obstruction of Justice although I am not advocating for those charges.
In Florida, the criminal offense of “Disorderly Conduct” is also called “Breach of the Peace”. Here, the definition of the crime is “such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct….” Note that the legislature chose to use the words themselves in the definition which begs the question of whether this statute is unconstitutionally vague.
Resisting Without Violence merely requires that a person resist, obstruct, or oppose an officer. The officer must be in the execution of legal process or in the lawful execution of any legal duty. Whether the officer is involved in a legal duty can be the crux of any resisting prosecution.
Disorder, Resisting or Obstruction are all misdemeanors. Resisting with Violence is a felony. All are criminal offenses in Florida and you should at the very least consult with an attorney if accused. If you or a loved one are accused of any criminal offense including disorderly, resisting or obstruction, then please click or call today for a consultation.
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