In Florida, resisting an officer without violence is a first degree misdemeanor punishable by up to one year in jail. Resisting with violence, which involves offering or doing violence to an officer, is a third degree felony punishable by up to five years in prison. In both cases the State must prove the officer was engaged in the lawful execution of a legal duty, which is often where these cases are won.
Key takeaways
- Resisting without violence is a first degree misdemeanor.
- Resisting with violence is a third degree felony.
- The officer must have been performing a lawful duty.
- Body camera video is often decisive.
- Resisting charges are frequently negotiated away.
What counts as resisting without violence?
Under § 843.02, Fla. Stat., it is a crime to resist, obstruct or oppose an officer in the lawful execution of a legal duty without offering or doing violence. Examples include pulling away, refusing to give your hands, running or giving a false name during a lawful detention.
What counts as resisting with violence?
Under § 843.01, Fla. Stat., resisting becomes a third degree felony when a person knowingly and willfully offers or does violence to the officer. Kicking, striking or threatening violence can qualify. Battery on a law enforcement officer is a separate charge under § 784.07, Fla. Stat..
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What defenses apply to resisting charges?
- Unlawful stop or arrest. If the officer was not engaged in a lawful duty, an essential element fails.
- No knowledge. You must have known the person was an officer.
- No resistance. Video often shows compliance or confusion rather than resistance.
- Excessive force. A person may defend against excessive force in some circumstances.
Why are resisting charges added so often?
Resisting is sometimes added when an arrest becomes tense or when the underlying charge is weak. Prosecutors frequently drop or reduce resisting charges when video does not support them, so your lawyer should request the footage early.
Frequently asked questions
Is resisting arrest a felony in Florida?
Resisting with violence is a third degree felony. Resisting without violence is a misdemeanor.
Can I be charged with resisting if the arrest was illegal?
The State must prove the officer was lawfully performing a legal duty. An illegal stop or arrest can defeat the charge.
Is running from police resisting arrest?
It can be charged as resisting without violence if the officer was lawfully detaining or arresting you.
Can a resisting charge be dropped?
Yes. These charges are often dismissed or reduced, especially when video contradicts the report.
Related practice areas
Practice areaCriminal Defense Attorney
Practice areaAggravated Assault Defense Attorney
Practice areaFirst-Time Offenders Defense Attorney
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Florida law referenced: § 784.07, § 843.01, § 843.02, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.