If you or someone you care about has been charged with resisting arrest in Florida, the situation can feel overwhelming. A resisting arrest charge can mean jail time, fines, a permanent criminal record, and lasting consequences for your career and personal life. The good news: these charges are often based on an officer’s subjective account of a tense situation, and there are strong defenses available.
If you are facing a resisting arrest charge in Florida, contact Galanter Law, P.A. at (305) 576-0244 for a free initial consultation. Attorney Yale Galanter has more than 35 years of criminal defense experience and is available 24/7 to protect your rights.
This guide breaks down what Florida law actually says about resisting arrest, the penalties for each type of charge, six defense strategies that work, and what steps to take if you have been charged.
What Does “Resisting Arrest” Mean Under Florida Law?
Florida does not have a single “resisting arrest” law. Instead, there are two separate statutes that cover this offense, and the distinction between them matters because it determines whether you face misdemeanor or felony charges.
The official charge is “resisting an officer,” not just resisting arrest. That means you can face charges even if you were not being placed under arrest at the time. The statute applies whenever an officer is carrying out a lawful duty, including traffic stops, questioning witnesses, serving warrants, or securing a crime scene.
Both statutes require that the officer was acting lawfully. If the officer was not performing a legal duty or lacked the authority to do what they were doing, the foundation of the charge may collapse entirely.
Resisting Without Violence: Florida Statute 843.02
Under Florida Statute 843.02, resisting without violence is a first-degree misdemeanor. Prosecutors must prove three elements beyond a reasonable doubt:
- You resisted, obstructed, or opposed a law enforcement officer
- The officer was performing a lawful duty or executing a legal process
- The officer had the authority to carry out that duty
This charge covers passive and non-violent actions. Common examples include:
- Walking or running away when told to stop
- Refusing to exit a vehicle during a lawful traffic stop
- Giving a false name to an officer
- Tensing your arms while being handcuffed
- Refusing to leave an area when lawfully ordered
- Pulling your hands away during a pat-down search
No physical violence or threats are required for this charge. If you have been accused of any of these actions, understanding your resisting arrest defense options in Florida is the critical first step.
Resisting With Violence: Florida Statute 843.01
Under Florida Statute 843.01, resisting with violence is a third-degree felony. Prosecutors must prove the same three elements listed above, plus one additional element: the resistance involved violence against the officer.
“Violence” under this statute includes striking, kicking, biting, pushing, or threatening to use physical force against an officer. It also covers attempts to use violence, even if no actual contact occurs.
This is a felony charge and carries far more serious consequences than its misdemeanor counterpart.
Penalties for Resisting Arrest in Florida
The penalties differ significantly depending on whether violence was involved. Here is a side-by-side comparison:
| Penalty | Without Violence (843.02) | With Violence (843.01) |
|---|---|---|
| Classification | 1st-degree misdemeanor | 3rd-degree felony |
| Maximum jail/prison time | Up to 1 year in county jail | Up to 5 years in state prison |
| Maximum fine | Up to $1,000 | Up to $5,000 |
| Probation | Up to 1 year | Up to 5 years |
| Criminal record | Misdemeanor record | Felony record |
| Voting rights | Not affected | Lost until rights restored |
| Firearm rights | Not affected | Lost (federal prohibition) |
If you have prior convictions, Florida’s Criminal Punishment Code may increase your sentence. Prosecutors may also file additional charges alongside resisting, such as battery on a law enforcement officer under Section 784.07, which carries its own separate penalties.
Are you facing resisting arrest charges in South Florida? Call Galanter Law, P.A. at (305) 576-0244 now. Yale Galanter’s experience as a former prosecutor under Janet Reno gives our defense team a strategic advantage that most firms cannot offer.
How Resisting Arrest Differs From Related Charges
Resisting arrest is often confused with other charges involving interactions with law enforcement. Understanding the distinctions can affect your defense strategy:
- Obstruction of justice involves interfering with the judicial process itself, such as tampering with evidence or witness intimidation. Resisting arrest specifically involves opposing an officer’s lawful actions.
- Battery on a law enforcement officer (Florida Statute 784.07) involves intentionally striking or touching an officer. This is a separate charge that prosecutors can file alongside resisting with violence, creating two felony charges from a single incident.
- Assault on a law enforcement officer involves threatening violence against an officer without physical contact. Like battery, it can be charged separately and result in additional penalties.
- Disorderly conduct involves causing a public disturbance and does not require any interaction with an officer performing a duty.
If you have been charged with multiple offenses stemming from the same incident, an experienced criminal defense attorney in Florida can evaluate which charges can be challenged and which may overlap.
Top Defense Strategies for Resisting Arrest Charges
A resisting arrest charge is not an automatic conviction. Depending on the facts of your case, several strong defenses may apply:
1. The Arrest Was Unlawful
Both Florida statutes require that the officer was carrying out a lawful duty. If the officer lacked probable cause for the arrest or reasonable suspicion for the stop, the underlying police action was unlawful. Florida Statute 776.051 addresses the right of citizens to resist unlawful arrests, though this defense requires careful analysis of the specific circumstances.
2. Self-Defense Against Excessive Force
Officers have the right to use reasonable force, but citizens may defend themselves against force that goes beyond what is reasonable. If an officer used excessive force during the encounter, your physical response may have been a lawful act of self-defense. Florida’s self-defense laws (Section 776.012) may apply in these situations.
3. Lack of Knowledge the Person Was an Officer
If the officer was not in uniform and did not clearly identify themselves, you may not have known you were dealing with law enforcement. You cannot “resist” an officer if you did not know they were an officer. Plainclothes encounters and unmarked vehicle stops are common scenarios where this defense applies.
4. Your Actions Were Not Intentional
Resisting arrest requires a deliberate act. Reflexive movements, such as flinching when grabbed unexpectedly or stumbling during a physical confrontation, do not meet the legal standard. If your actions were involuntary or unintentional, they do not constitute resistance under the statute.
5. Mistaken Identity
In chaotic situations involving multiple people, officers sometimes arrest the wrong person. If you were not the person who resisted but were misidentified in the confusion, this is a complete defense to the charge.
6. The Officer Was Not Performing a Lawful Duty
Even if the officer was a legitimate law enforcement officer, they must have been acting within the scope of their lawful duties at the time. If the officer was acting outside their jurisdiction, executing an invalid warrant, or exceeding their authority, the charge may not hold up.
Body camera footage, surveillance video, witness statements, and the officer’s own report can all provide evidence to support these defenses. The key is acting quickly to preserve this evidence before it is lost or overwritten.
What Should You Do If Charged With Resisting Arrest?
The decisions you make in the hours and days after being charged can directly affect the outcome of your case. Follow these steps:
- Stay calm and cooperate. Do not argue with officers at the scene. Anything you say or do after the initial charge can be used to support additional charges or strengthen the prosecution’s case.
- Exercise your right to remain silent. You are not required to explain yourself, apologize, or discuss the incident with anyone except your attorney. Politely state that you are exercising your right to remain silent.
- Contact a criminal defense attorney immediately. An experienced lawyer can begin building your defense right away, including requesting body camera footage, identifying witnesses, and filing motions to suppress evidence.
- Document everything you remember. Write down every detail about the encounter as soon as possible: what the officer said, what you said, who else was present, and whether force was used.
- Do not discuss the case on social media. Posts, messages, and even private conversations can be subpoenaed and used against you in court.
- Attend all court dates. Missing a court appearance can result in a bench warrant and additional charges, making your situation significantly worse.
How a Resisting Arrest Conviction Affects Your Life
Even after you have served your sentence or completed probation, a resisting arrest conviction on your record creates lasting problems:
- Employment: Many employers run background checks. A criminal record, particularly a felony, can disqualify you from jobs in law enforcement, education, healthcare, government, and other fields.
- Housing: Landlords frequently deny applications from individuals with criminal records, especially felony convictions.
- Professional licenses: A conviction may prevent you from obtaining or keeping licenses required for careers in law, medicine, real estate, finance, and other regulated professions.
- Immigration: For non-citizens, a criminal conviction can trigger deportation proceedings, denial of visa applications, or permanent bars to naturalization.
- Firearm rights: A felony conviction under Statute 843.01 results in the loss of your right to possess firearms under both state and federal law.
- Future legal proceedings: A prior conviction can be used against you if you face future criminal charges, potentially resulting in harsher sentences.
In some cases, you may be eligible to have your record sealed or expunged after meeting certain conditions. An attorney can advise you on whether this option is available in your situation.
Can You Get a Resisting Arrest Charge Dropped?
Yes, resisting arrest charges are dismissed or reduced more often than many people realize. Common reasons charges are dropped include:
- Insufficient evidence that you actually resisted
- Body camera footage contradicting the officer’s account
- The underlying arrest was found to be unlawful
- Witness testimony supporting your version of events
- Procedural errors by law enforcement
An attorney may also negotiate a plea to a lesser charge or secure a pretrial diversion program, particularly for first-time offenders facing misdemeanor charges. The earlier you get legal help, the more options are typically available.
Do not wait to get legal help. Contact Galanter Law, P.A. at (305) 576-0244 for a free consultation. With more than 35 years of experience and availability 24/7, Yale Galanter and his team will fight to protect your rights and your future.
Frequently Asked Questions About Resisting Arrest in Florida
Is resisting arrest a felony in Florida?
It depends on whether violence was involved. Resisting without violence under Florida Statute 843.02 is a first-degree misdemeanor with up to one year in jail. Resisting with violence under Statute 843.01 is a third-degree felony with up to five years in prison. The presence of any physical force or threats against the officer is what triggers the felony charge.
Can you resist an unlawful arrest in Florida?
Florida Statute 776.051 addresses the right to resist unlawful arrests. However, this area of law is complex and the consequences of physical resistance are severe. Even if an arrest turns out to be unlawful, resisting can lead to additional charges. The safest approach is to comply in the moment and challenge the legality of the arrest later through your attorney.
What is the difference between resisting arrest and obstruction?
Resisting arrest under Florida Statutes 843.01 and 843.02 involves opposing an officer during the performance of their lawful duties. Obstruction of justice typically involves broader interference with the legal process, such as destroying evidence or intimidating witnesses. However, the terms overlap in everyday language, and both can result in criminal charges.
How do I get a resisting arrest charge dropped in Florida?
Common paths to dismissal include demonstrating that the arrest was unlawful, presenting body camera footage that contradicts the officer’s account, proving your actions were unintentional, or negotiating a pretrial diversion program. An experienced criminal defense attorney can review the facts of your case and identify the strongest strategy for dismissal or reduction.
Will a resisting arrest charge show up on a background check?
Yes. Both misdemeanor and felony resisting arrest charges appear on criminal background checks in Florida. Even if charges are dropped, the arrest record may still be visible unless you obtain a formal expungement or sealing of the record. This can affect employment, housing, and professional licensing.
What should I do if I am being arrested in Florida?
Stay calm, keep your hands visible, and do not make sudden movements. Clearly state that you are exercising your right to remain silent and that you want to speak with an attorney. Do not resist physically, even if you believe the arrest is unjust. Comply with the officer’s instructions and address the legality of the situation later through the court system with your lawyer.
