In Florida, the crime of resisting arrest is codified under Florida Statutes § 843.02 (resisting officer without violence) and § 843.01 (resisting officer with violence). These are two distinct crimes, with the main distinction being whether the resistance involved violence or the threat of violence against a law enforcement officer.

Resisting arrest without violence (Fla. Stat. § 843.02) occurs when a person resists, obstructs or opposes a law enforcement officer, a member of the parole commission, a probation officer or any other authorized person in the execution of legal process but does not engage in violent or threatening conduct. An example is yelling at police or refusing to comply with verbal commands during an investigation or detention, but without touching, striking or attempting to harm the officer. This offense is a first-degree misdemeanor, carrying up to a year in county jail plus probation and a $1,000 fine.

Resisting arrest with violence (Fla. Stat. § 843.01) occurs when a person resists, obstructs or opposes an officer during a lawful execution of legal duty by use of physical conduct. Examples are struggling with, striking, pushing, kicking or biting a police officer. This offense is a third-degree felony, punishable by up to five years in prison (or probation) and a $5,000 fine. The use of violence may result in other charges, such as battery on a law enforcement officer.

The legality of the arresting officer’s conduct is a relevant factor in the validity of a resisting-arrest charge. For a person to be prosecuted for resisting arrest without violence, the officer must have been acting within the scope of their duties and not engaging in misconduct. In a case of resisting with violence, the law is stricter. If an arrest is unlawful — for instance, an officer acting outside of their jurisdiction or not having a judicial warrant — this may serve as a defense.

A defendant charged with resisting arrest may assert self-defense. The Florida Supreme Court has recognized that a person is justified in using reasonable force to defend themselves from an officer’s excessive or unlawful use of force. 

Other possible defenses or grounds for reduction of charges include:

• Lack of knowledge — The accused did not know the person was an officer.

• Officer not acting lawfully — The officer was not lawfully executing their official duties.

• No resistance or minimal resistance — The defendant did not actually “resist” but only offered verbal protest. Mere words do not necessarily amount to resistance.

• Failure to identify — The officer was not in uniform and did not properly identify themselves as law enforcement.

A criminal defense attorney may seek to negotiate a reduction from felony (with violence) to misdemeanor (without violence), based on the degree of resistance and whether actual violence occurred. Or the attorney may raise procedural or factual challenges. Surveillance footage, bystander witnesses and officer bodycam footage are often used as evidence in these cases.

The Law Offices of Tad A. Yates, P.A. represents clients accused of resisting arrest in Orlando and vicinity. Call us at 407-608-7777 or contact us online to arrange a consultation.