Resisting a Law Enforcement Officer in Orlando, FL

Quick answer: In Florida, “resisting” can be charged two ways—without violence (a first-degree misdemeanor) or with violence (a third-degree felony). Penalties range from up to 1 year in jail and a $1,000 fine for resisting without violence to up to 5 years in prison and a $5,000 fine for resisting with violence. Outcomes often depend on the facts and your record; many first-time cases can be negotiated toward dismissal, pretrial diversion, or a favorable plea, especially with early legal help. See details below and call us if you were arrested in Central Florida.

Resisting a Law Enforcement Officer (With or Without Violence)

Serving clients across Central Florida: Orange, Osceola, Seminole, Lake, Volusia, Brevard & Hillsborough Counties.

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What counts as “resisting” in Florida?

Florida uses two statutes for “resisting”: § 843.02 – Resisting officer without violence and § 843.01 – Resisting officer with violence. “Resisting” can include anything from pulling your arm away, tensing up, running, or refusing a lawful command (without violence) to striking, pushing, or threatening violence (with violence).

Important: Florida law generally prohibits using force to resist arrest—even if you believe the arrest is unfair—see § 776.051. There are still powerful defenses (below), particularly where an officer wasn’t lawfully executing a legal duty, identification was unclear, or commands were unlawful.

Felony vs. Misdemeanor: Charges & Penalties

Common Real-World Scenarios

“I pulled away / tensed up during handcuffing.”

Often charged as resisting without violence. Body-cam and bystander video can show compliance, uncertainty, or pain reaction rather than “opposition.”

Running from a stop

Flight after a lawful stop can be charged as resisting; the state still must prove the officer was lawfully executing a legal duty and that you knew it.

Verbal refusal or confusion

Refusing a vague or conflicting command can be contested—especially in chaotic scenes, loud environments, or when multiple officers are speaking at once.

Physical contact or struggle

Alleged pushing/striking can elevate to felony resisting (and sometimes battery-related charges). Early investigation is crucial.

Strong Defenses We Often Explore

• Officer not lawfully executing a legal duty
• Ambiguity or lack of identification
• Body-cam / third-party video contradicts report
• Insufficient proof of violence or threat
• Medical / pain response
• Necessity or minimal contact
• Suppression and motions practice

Likely Outcomes in Central Florida

Pretrial Diversion / PTI

For eligible, non-violent first-offenders, PTI can lead to dismissal after conditions (classes, service, fees).

Learn about Pretrial Diversion

Plea Negotiations

Sometimes a negotiated plea avoids jail or reduces charges.

Types of Criminal Pleas

Pre-filing Dismissal

Early involvement can prevent filing or reduce felonies to misdemeanors.

Trial & Motions

When the evidence is weak or video favors you, litigation may be best.

Why Choose Fighter Law

• Board-Certified Criminal Trial attorneys with decades of experience.
• Local insight into Central Florida courts.
• Proactive case building using evidence and mitigation.
• See Case Results

FAQs: Resisting Arrest / Resisting an Officer in Florida

Is “resisting arrest” actually a Florida crime?

Yes—Florida charges it under §843.02 (without violence) or §843.01 (with violence).

What’s the maximum penalty?

Up to 1 year jail for without violence; up to 5 years prison for with violence.

Can I fight the charge if I was confused or scared?

Yes—confusion, pain, or unclear commands can defeat “willful opposition.”

Will I qualify for diversion?

Often yes for first-time, non-aggravated cases. See our Pretrial Diversion page.

Do plea talks hurt my case?

No—Florida law keeps plea offers out of evidence (§90.410).

Related Topics

Early Termination of Probation in Florida

Learn how qualified individuals can request early termination of probation and what factors judges consider when granting it. Ending probation early can help you move forward faster after a resisting arrest case.

Counties We Serve

Fighter Law defends cases in Orange, Osceola, Seminole, Lake, Volusia, Brevard, and Hillsborough Counties. See the full list of areas we serve.

Next Steps

If you were arrested or given a notice to appear for resisting an officer—with or without violence—the fastest way to improve your odds is to get counsel involved before filing decisions are made.

Call (407) 574-7576
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