“More than 60 officers responded to the Regal River City Marketplace theater around 8:30 p.m. when an officer working off duty could not control a crowd estimated as high as 750 people. Police say when the Regal River City Marketplace Theater was rushed by 25-30 people without tickets, an officer working off-duty used pepper spray to turn back the crowd, then called for backup. Officers began using loud speakers began going through the crowd asking people to disperse. The Jacksonville Sheriff’s Office says it took just over an hour to break up the crowd — some shouting profanities at police.”
The Jacksonville Sheriff’s Office released the names of three of the people that were arrested on Christmas day at the movie theater. “According to the arrest reports, Tevyn Davis, 19, Jaquade Miller, 18, and Khalil Bradley, 17, not only refused to disburse, but took a ‘fighting stance’ toward police and actively resisted arrest. Miller is accused of swinging at an officer with a closed fist. The juveniles’ identities were withheld because they were only charged with misdemeanors: a boy charged with resisting officer without violence and a girl charged with public nuisance, refusal to disperse and resisting an officer without violence.” News4jax also has video footage of the scene.
Jacksonville resisting an officer can be a felony of misdemeanor. It depends on whether or not violence was used. Florida Statute Section 843.01 makes resisting an officer with violence a felony crime. It states:
“Whoever knowingly and willfully resists, obstructs, or opposes 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; parole and probation supervisor; county probation officer; 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, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
Florida Statute Section 843.02 prohibits resisting an officer without violence. It states:
“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.”
If you have been arrested for fighting or resisting a police officer, talk to a Jacksonville criminal defense lawyer about your case. A Jacksonville criminal attorney will be able to help you defend against the allegations. Call a Jacksonville lawyer with experience at (904) 564-2525.