Resisting Arrest in Florida: Charges and Legal Defenses
Introduction
Resisting arrest is a common charge in Florida, but many people do not realize that they can be charged with this offense even if they did not physically fight with an officer. Florida law makes it illegal to obstruct, resist, or interfere with law enforcement in any way.
This guide explains the legal definition of resisting arrest, the penalties, and possible defenses to fight the charge.
What Is Resisting Arrest in Florida?
Under Florida Statutes § 843.02, resisting arrest can be classified as either resisting without violence or resisting with violence, depending on the circumstances of the case.
Resisting Arrest Without Violence
Resisting without violence occurs when a person obstructs or interferes with law enforcement without using physical force. Examples include:
- Refusing to follow an officer’s lawful commands
- Providing false information during an arrest
- Running away from an officer attempting to detain you
- Refusing to be handcuffed
This is a first-degree misdemeanor, punishable by:
- Up to one year in jail
- Up to one year of probation
- A fine of up to $1,000
Resisting Arrest With Violence
Resisting with violence occurs when a person uses physical force against an officer during an arrest. Examples include:
- Pushing, hitting, or kicking an officer
- Attempting to grab an officer’s weapon
- Physically struggling against being placed in handcuffs
This is a third-degree felony, carrying potential penalties of:
- Up to five years in prison
- Up to five years of probation
- A fine of up to $5,000
What If the Arrest Was Unlawful?
Even if you believe an arrest is unlawful, Florida law still requires compliance with law enforcement. You can fight the arrest later in court, but physically resisting at the time can still lead to criminal charges.
However, if an officer uses excessive force, a person may have the right to defend themselves. This is a complex legal issue and requires a strong defense strategy.
Common Defenses to Resisting Arrest
A criminal defense attorney can use several defenses to fight a resisting arrest charge. Some of the most common include:
Unlawful Arrest
If the officer lacked probable cause for the arrest, any resistance may not be considered a crime. However, the defense must prove that the officer acted without legal justification.
Lack of Intent
Resisting arrest requires an intentional act. If the resistance was unintentional—such as a person tensing up due to fear or confusion—this may be a defense.
Excessive Force by Police
If an officer used excessive or unnecessary force, a person may be justified in resisting to protect themselves. This defense is more likely to succeed when there is video evidence or witness testimony supporting the claim.
Mistaken Identity or False Accusation
In some cases, a person may be wrongly accused of resisting arrest when they were not actually resisting. This can occur in chaotic situations where multiple people are being detained.
What to Do If You Are Arrested
If you are being arrested in Florida, following these steps can help you avoid additional charges:
- Stay calm and do not argue with the officer
- Do not physically resist or attempt to flee
- Politely state that you wish to remain silent
- Do not answer any questions without an attorney present
- Contact a criminal defense attorney as soon as possible
How a Criminal Defense Attorney Can Help
A resisting arrest conviction can have long-term consequences, including a criminal record that affects employment and housing opportunities. An experienced criminal defense attorney can:
- Investigate whether the arrest was lawful
- Challenge the prosecution’s evidence
- Argue for reduced charges or case dismissal
- Defend against excessive force claims
At Bonderud Law, we aggressively defend clients facing resisting arrest charges. If you or a loved one has been charged, contact us today for a consultation.
Conclusion
Resisting arrest charges in Florida can result in serious penalties, but there are strong defenses available depending on the circumstances. Understanding your rights and taking the right steps during an arrest can help protect you from unnecessary criminal charges. If you are facing resisting arrest charges, speak with an experienced defense attorney as soon as possible.
