Resisting without violence is a criminal offense in Florida that is often misunderstood, both by the general public and even by police. 

The crime is defined under Florida Statute § 843.02, which states: “Whoever shall resist, obstruct, or oppose any officer ... 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.” In contrast, resisting with violence (prosecuted under § 843.01) involves actual or threatened harm. The “without violence” statute punishes non-violent conduct that is nonetheless seen as obstructive or uncooperative.

You can be charged with resisting without violence even if you never lay a hand on an officer. Actions that fall under this statute can include:

• Refusing to follow lawful commands — This can be ignoring reasonable directions from law enforcement, such as commands to exit a vehicle or move away from a crime scene.

• Pulling away during handcuffing — Physically retreating, tensing up, or trying to slip out of an officer’s grip during an arrest—even if no physical attack occurs.

• Giving false information — Providing misleading or false identification or statements during an investigation, which may be considered obstruction.

• Verbally interfering — Arguing with an officer, yelling at them, or attempting to verbally disrupt an arrest or investigation.

• Delaying or obstructing — Any non-violent action that impedes an officer, such as blocking their path, going limp and refusing to move, or not responding promptly.

What constitutes “obstruction” is often subject to the interpretation of individual officers. This can lead to arrests in ambiguous situations, such as when a person is confused, scared or simply not complying quickly enough. For example, someone who hesitates because they don’t understand an officer’s commands may find themselves charged with this offense.

A conviction of resisting without violence can lead to up to one year in jail, 12 months of probation and fines of up to $1,000. Beyond these penalties, this charge creates a permanent criminal record, which can impact employment, housing, and professional opportunities.

While the statute is sometimes used broadly, courts have checked its application when officers or prosecutors overreach. If you are facing a charge, there are multiple potential defenses:

• Unlawful arrest or detention — If the officer was not acting lawfully, such as lacking probable cause, any resistance may not be criminal.

• Lack of intent — The state must prove that you knowingly resisted. Confusion or not realizing the officer’s identity can be a defense.

• Passive resistance — Simply refusing to speak or going limp may not amount to actionable obstruction.

• Free speech — Mere verbal disagreement, criticism, or recording police may be protected by the First Amendment.

An experienced criminal defense attorney will develop the best defense possible based on the facts and context of the person’s interaction with law enforcement. 

The Law Offices of Tad A. Yates, P.A. in Orlando provides effective counsel for people charged with criminal offenses throughout Florida. Call us at 407-608-7777 or contact us online for a free consultation.