{"id":372614,"date":"2017-12-14T15:05:05","date_gmt":"2017-12-14T20:05:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-resisting-arrest-laws.html"},"modified":"2025-11-04T18:30:04","modified_gmt":"2025-11-04T23:30:04","slug":"florida-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-resisting-arrest-laws.html","title":{"rendered":"Florida Resisting Arrest Laws"},"content":{"rendered":"\n
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Florida Resisting Arrest Laws<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Florida law<\/span> defines resisting arrest<\/span> as obstructing<\/span> an officer who is performing a legal duty, classifying the offense into two types: with violence and without violence<\/span>. Resisting with violence<\/span> is a third-degree felony<\/span>, while the non-violent offense is a first-degree misdemeanor<\/span> with lesser penalties. Even minor actions like tensing<\/span> your arms can lead to a charge, but the lawfulness of the officer\u2019s initial command is a critical element, especially in cases of non-violent resistance.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Many people facing resisting arrest<\/span> charges<\/span> never intended to break the law. In most cases, they made instinctive reactions in a stressful moment. As a result, they are facing criminal charges<\/span>, penalties, and fines.<\/p>\n

Multiple acts that may seem like a normal reaction in the moment, such as tensing<\/span> your arms during handcuffing or even refusing to sit down, could lead to an additional criminal charge<\/span>. Even in cases when you did not intend to break the law, you could still face criminal charges<\/span>.<\/p>\n

In this article, we\u2019ll explain Florida\u2019s criminal charges<\/span> related to resisting arrest<\/span>. If you are facing resisting arrest<\/span> charges<\/span> in Florida, a criminal defense attorney<\/span><\/a> can help you protect your rights. They can review your case and explore available legal options for you.<\/p>\n

The Two Types of Resisting Arrest<\/span> in Florida<\/h2>\n

Florida distinguishes between resisting arrest<\/span> as two distinct offenses with significantly different consequences. The primary difference lies in whether it involves violence.<\/p>\n

Resisting an Officer With Violence<\/h3>\n

Florida Statute<\/span> 843.01<\/span><\/a>\u00a0defines resisting with violence<\/span> as knowingly and willfully resisting, obstructing<\/span>, or opposing an officer by offering or doing violence to them. This is a serious charge that requires the prosecution to prove you were well aware of what you were doing. The case of Harris v. State<\/span> <\/em><\/a>(2009) defined resisting an officer with violence as a felony that involves the use or threat of physical force or violence against an individual.<\/p>\n

Because the act involves violence against a police officer<\/span>, Florida law<\/span> classifies this act as a third-degree felony<\/span>. Those convicted of this crime may face up to five years of jail time<\/span> and fines of up to $5,000.<\/p>\n

Resisting Officer <\/span>Without Violence<\/span><\/h3>\n

Florida Statute<\/span> 843.02<\/span><\/a> defines resisting arrest<\/span> without violence<\/span>. It occurs when someone resists, obstructs, or opposes any officer during the execution of a legal process<\/span> or the lawful execution of a legal duty<\/span>.<\/p>\n

While the statute doesn’t include the words “knowingly and willfully,” Florida courts clarified in the case of Polite v. State<\/span> <\/em><\/a>(2007) that the person charged should have a \u201cgeneral intent to knowingly and willfully impede an officer\u201d in the lawful execution of any legal duty<\/span>.<\/p>\n

In the state of Florida<\/span>, resisting an officer without violence<\/span> is a first-degree misdemeanor<\/span>. A person found guilty of this crime could face up to one year in jail and fines of up to $1,000.<\/p>\n

What Counts as Resisting Arrest<\/span>?<\/h2>\n

The circumstances matter greatly when determining whether your actions constitute resisting arrest<\/span>. Many people facing these charges may not have realized their behavior crossed the line.<\/p>\n

Common examples of resisting<\/span> without violence<\/span> include:<\/p>\n