Resisting Arrest Charges and Defenses Under Florida Law
Facing a resisting arrest charge in Florida can be overwhelming, but it’s important to understand your rights and the possible defenses available. Whether the charge stems from a misunderstanding, excessive force by law enforcement, or an unlawful arrest, there are ways to challenge it. Let’s go through what resisting arrest means under Florida law, the penalties involved, and how a strong legal defense can help you fight for a dismissal.
What Is Resisting Arrest in Florida?
Resisting arrest is a criminal offense in Florida that involves interfering with a law enforcement officer while they are carrying out their legal duties. There are two types of resisting arrest charges under Florida law:
- Resisting Arrest Without Violence (Misdemeanor)
- Resisting Arrest With Violence (Felony)
Both charges fall under Florida Statutes § 843.02 and Florida Statutes § 843.01, and the specific penalties depend on the level of resistance and whether force was used.
Resisting Arrest Without Violence – Florida Statutes § 843.02
Resisting arrest without violence occurs when a person resists, obstructs, or opposes a law enforcement officer without using physical force. This is commonly charged when a person refuses to comply with commands, pulls away during an arrest, provides false information, or interferes with an officer’s investigation.
Penalties for Resisting Arrest Without Violence:
- Second-degree misdemeanor
- Up to 60 days in jail
- Up to 6 months of probation
- Up to $500 in fines
While the penalties for a misdemeanor may seem minor compared to felony charges, a conviction still results in a criminal record, which can affect employment opportunities and future legal matters.
Resisting Arrest With Violence – Florida Statutes § 843.01
Resisting arrest with violence is a much more serious charge. It occurs when a person knowingly and willfully resists a law enforcement officer using physical force or threats.
Penalties for Resisting Arrest With Violence:
- Third-degree felony
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
Prosecutors take felony charges seriously, and resisting arrest with violence can carry life-altering consequences. However, the prosecution must prove that the officer was engaged in a lawful duty and that the accused knowingly resisted with force.
How Can a Resisting Arrest Charge Be Dismissed?
While resisting arrest charges are aggressively pursued in Florida, there are several legal defenses that can result in a case dismissal. A successful defense depends on the specific circumstances of the arrest, the officer’s actions, and whether the prosecution can prove their case beyond a reasonable doubt.
1. Unlawful Arrest by Law Enforcement
A key requirement for a resisting arrest charge is that the officer must have been performing a lawful duty at the time of the alleged resistance. If an officer arrested you without probable cause, the charge may not hold up in court.
- If the officer stopped you without reasonable suspicion or arrested you without evidence of a crime, resisting arrest may not be legally valid.
- Any evidence obtained from an illegal arrest can be challenged and possibly thrown out.
2. Lack of Knowledge or Intent
To be convicted of resisting arrest, prosecutors must prove that you knowingly and willfully resisted a law enforcement officer. If you did not realize that the person giving commands was an officer, or if your actions were misunderstood, this can be a strong defense.
For example:
- If an officer was in plain clothes and did not clearly identify themselves, you may have had a reasonable belief that you were being attacked rather than arrested.
- If there was confusion or miscommunication during the arrest, this could weaken the prosecution’s case.
3. No Physical Resistance or Threats
In cases of resisting arrest without violence, even minor movements—such as pulling your arm away—may lead to charges. However, if you were simply asking questions, verbally disagreeing, or expressing concern, that does not constitute resisting arrest.
- Passive refusal, such as not answering an officer’s questions, is not the same as resisting arrest.
- If the officer misinterpreted your actions and there was no actual interference, the charge may not be justified.
4. Self-Defense Against Excessive Force
Florida law recognizes that individuals have the right to defend themselves against excessive force from law enforcement. If an officer used unreasonable or unlawful force, you may have been acting in self-defense rather than resisting arrest.
- If bodycam footage, witness testimony, or medical reports show excessive force, this can be used to challenge the arrest.
- Officers are required to use proportionate force during an arrest. If they acted beyond what was necessary, their actions could be grounds for dismissal.
5. Failure to Identify as Law Enforcement
If an officer does not clearly announce their identity or fails to wear a uniform or badge, a person may reasonably resist what appears to be an attack.
- If the arresting officer was in an unmarked vehicle or wearing plain clothes, there may be grounds to argue that you were unaware they were law enforcement.
- Lack of proper identification can significantly weaken the prosecution’s case.
What to Do After Being Charged with Resisting Arrest
If you have been arrested for resisting, it is crucial to take immediate steps to protect yourself:
- Do not discuss your case with law enforcement. Anything you say can be used against you.
- Document any injuries or excessive force. Photos and medical records can support a defense.
- Request bodycam or dashcam footage. This may provide evidence of police misconduct or show that you did not actively resist.
- Challenge the legality of the arrest. If the officer lacked probable cause, your charge may not hold up.
With the right legal approach, resisting arrest charges can often be reduced or dismissed.
Resisting Arrest in Florida FAQs
What qualifies as resisting arrest in Florida?
Resisting arrest occurs when a person obstructs, opposes, or interferes with a law enforcement officer while they are carrying out their duties. This can be through verbal refusal, physical resistance, or providing false information.
Can I be charged with resisting arrest if the officer used excessive force?
If the officer used excessive force, you may have a legal defense. Florida law allows individuals to resist unlawful force, and evidence of misconduct by law enforcement could help get your charges dismissed.
Do I have to physically resist to be charged?
No. Even non-violent actions like pulling away, refusing to answer questions, or not immediately complying with commands can lead to a resisting arrest charge. However, these cases can often be challenged in court.
What happens if I resist arrest without knowing the officer was law enforcement?
If an officer was in plain clothes or failed to properly identify themselves, this could be a defense. The prosecution must prove that you knowingly and intentionally resisted a lawful arrest.
Can resisting arrest charges be dismissed in Florida?
Yes. If the arrest was unlawful, the officer used excessive force, or the resistance was misinterpreted, the case can be dismissed. A strong legal defense can challenge the evidence against you.
How serious is a resisting arrest charge in Florida?
Resisting arrest without violence is a misdemeanor, while resisting with violence is a felony. A felony conviction can lead to prison time, probation, and long-term consequences on employment and housing.
Can bodycam footage help my case?
Yes. Bodycam footage can provide key evidence regarding how the arrest was conducted and whether law enforcement acted lawfully. If the footage contradicts the officer’s claims, it can be used in your defense.
How can a lawyer help me fight a resisting arrest charge?
An attorney can analyze the facts of your case, challenge the legality of the arrest, present defenses such as lack of intent or excessive force, and fight for dismissal or reduced charges.