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.
Florida Criminal Defense
Resisting a Law Enforcement Officer (With or Without Violence)
Serving clients across Central Florida: Orange, Osceola, Seminole, Lake, Volusia, Brevard & Hillsborough Counties.
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).
Felony vs. Misdemeanor: Charges & Penalties
| Charge | Statute | Level | Max Penalties | Typical Issues |
|---|---|---|---|---|
| Resisting Without Violence | § 843.02 | First-degree misdemeanor | Up to 1 year jail, 1 year probation, $1,000 fine | Lawfulness of command; whether officer was clearly identifiable and lawfully executing a legal duty; body-cam tells a different story. |
| Resisting With Violence | § 843.01 | Third-degree felony | Up to 5 years prison, 5 years probation, $5,000 fine | Whether “violence” or threat occurred; injuries; multiple officers; whether underlying detention/arrest was lawful; self-defense limits under § 776.051. |
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).
Plea Negotiations
Sometimes a negotiated plea avoids jail or reduces charges.
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.
