Being charged with resisting arrest in Florida can come as a shock. Many people assume resisting arrest requires violence or an attempt to flee, but under Florida law, even minimal actions during an arrest can lead to criminal charges. In high-stress situations, confusion, fear, or miscommunication with law enforcement can quickly escalate into an additional charge that compounds legal consequences.
At Lindsay Chase Law Firm, we regularly defend clients accused of resisting arrest. This article explains what qualifies as resisting arrest under Florida law, the penalties involved, and how a defense attorney can protect your rights when these charges arise.
What Does “Resisting Arrest” Mean in Florida?
Florida law separates resisting arrest into two distinct offenses under Florida Statutes §843.01 and §843.02:
Both offenses require that the officer was engaged in the lawful execution of a legal duty. If the arrest or detention itself was unlawful, the resisting charge may not stand.
Importantly, resisting arrest does not require physical injury or an attempt to escape. The charge often depends on how an officer interprets a person’s actions during the encounter.
Resisting Arrest Without Violence
Resisting without violence is a first-degree misdemeanor. It typically involves non-violent conduct that an officer perceives as interference. Examples include:
Pulling away during handcuffing
Tensing arms or refusing to place hands behind your back
Ignoring verbal commands
Walking away during an investigatory stop
Refusing to provide identification when legally required
A conviction can result in up to one year in jail, one year of probation, and fines. These cases often rely heavily on officer testimony, which makes video evidence and legal analysis especially important.
Resisting Arrest With Violence
Resisting with violence is a third-degree felony. It involves alleged physical force directed at an officer, such as pushing, striking, kicking, or struggling aggressively during an arrest.
Penalties may include up to five years in prison, five years of probation, and a permanent felony record. These charges are often filed alongside other offenses and can significantly increase sentencing exposure.
Common Situations That Lead to Resisting Arrest Charges
Resisting arrest charges frequently arise in situations involving heightened emotions or confusion, including:
Traffic stops
Domestic disturbance calls
Public intoxication investigations
Mental health crises
Misunderstandings about whether a person is being detained or arrested
In many cases, individuals are not attempting to interfere with law enforcement but simply do not understand what is being demanded of them in the moment.
Defenses to Resisting Arrest Charges
A strong defense begins by examining whether the officer was acting lawfully. Common defenses include:
Unlawful arrest or detention: If the initial stop or arrest was improper, a resisting charge may fail
Lack of intent: Confusion or involuntary movements are not intentional resistance
Excessive force: Resistance in response to unlawful force may be legally justified
Unclear commands: Conflicting or rapidly changing instructions can undermine the charge
Video evidence contradictions: Bodycam or dashcam footage may contradict officer reports
Each case requires careful review of police reports, video evidence, and witness accounts.
How a Resisting Arrest Defense Attorney Can Help
A defense attorney plays a critical role in challenging resisting arrest charges by:
Reviewing the legality of the arrest
Analyzing bodycam and surveillance footage
Identifying inconsistencies in police reports
Filing motions to suppress evidence or dismiss charges
Negotiating reductions or diversion when appropriate
Early legal intervention is often the difference between a dismissal and a permanent criminal record.
Why Early Representation Matters
Resisting arrest charges are frequently used to justify an arrest or escalation of force. Without legal guidance, defendants may unknowingly damage their case by making statements or violating release conditions.
An attorney can step in immediately to protect your rights, preserve evidence, and prevent the situation from worsening.
Protecting Your Rights After a Resisting Arrest Charge
A resisting arrest charge does not mean you are guilty. These cases often hinge on interpretation, not intent. With experienced representation, many charges can be reduced or dismissed.
If you’ve been charged with resisting arrest in Florida, contact Lindsay Chase Law Firm for a confidential consultation. Acting early gives you the strongest chance to protect your record and your future.
