Florida Resisting Arrest Laws

Many people facing resisting arrest charges 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, penalties, and fines.

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

In this article, we’ll explain Florida’s criminal charges related to resisting arrest. If you are facing resisting arrest charges in Florida, a criminal defense attorney can help you protect your rights. They can review your case and explore available legal options for you.

The Two Types of Resisting Arrest in Florida

Florida distinguishes between resisting arrest as two distinct offenses with significantly different consequences. The primary difference lies in whether it involves violence.

Resisting an Officer With Violence

Florida Statute 843.01 defines resisting with violence as knowingly and willfully resisting, obstructing, 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 (2009) defined resisting an officer with violence as a felony that involves the use or threat of physical force or violence against an individual.

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

Resisting Officer Without Violence

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

While the statute doesn’t include the words “knowingly and willfully,” Florida courts clarified in the case of Polite v. State (2007) that the person charged should have a “general intent to knowingly and willfully impede an officer” in the lawful execution of any legal duty.

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

What Counts as Resisting Arrest?

The circumstances matter greatly when determining whether your actions constitute resisting arrest. Many people facing these charges may not have realized their behavior crossed the line.

Common examples of resisting without violence include:

• Tensing arms while being handcuffed
• Not obeying lawful verbal commands
• Refusing to sit down
• Refusing to be handcuffed or otherwise evading handcuffs
• Refusing to leave an area when required
• Interfering with an active police investigation, or acting as a “look out” to prevent an intended arrest

For resisting with violence charges, the conduct must be more aggressive. This may include excessive force such as striking, kicking, or threatening to harm an officer. The violence does not have to result in actual injury. Mere threat, or “offering violence,” is enough.

To face resisting arrest charges, the officer must be engaged in a lawful execution of their duty at the time of arrest. Florida statutes mention that the officer should be lawfully executing a legal duty as an element of the offense of resisting arrest. However, if the arrest is unlawful or the officer is not acting in relation to a lawful duty, you may have a valid defense against the resisting arrest charges.

Legal Requirements for a Valid Arrest

To make a lawful arrest, police officers must have either a warrant or probable cause to believe that the person has committed a crime. Probable cause means that there are circumstances and facts that make the arresting officer believe, within reason, that you committed or are committing a crime. Without this probable cause, the arrest could be unlawful.

The officer must be performing a lawful duty for a resisting charge to be valid. How this applies depends on whether violence was involved.

For a resisting without violence charge, the lawfulness of the officer’s action is a key element. If an officer’s initial stop or command was illegal, you may have a strong defense because they were not engaged in a lawful duty.

For a charge of resisting with violence, Florida law is much stricter. A separate statute states you cannot use force or violence to resist an arrest by a person you know is a police officer, even if you believe the arrest is unlawful.

Because of this distinction, it is always safest to comply with law enforcement officers and challenge the legality of the arrest in court later. Physically resisting an officer can lead to serious felony charges, even if the original reason for your arrest is eventually dismissed.

What To Do If You’re Being Arrested

A defendant’s actions during and after an arrest can impact the outcome of your case. The following are some actions that you may observe to avoid this criminal offense:

During the arrest:

• Remain calm and cooperative, even if you believe the arrest is unlawful
• Keep your hands visible and follow all commands
• Do not argue, resist physically, or make sudden movements
• Ask to speak with an attorney and then remain silent

After the arrest:

• Do not admit fault or apologize for anything
• Refuse to give any recorded statements without your attorney present
• Document everything you remember about the arrest as soon as possible
• Gather contact information for any witnesses present
• Contact a criminal defense attorney  as soon as possible

When arrested, it is important to remember that anything you say can be used against you. Even casual statements or jokes made to a police officer or law enforcement official can be used as evidence against you. It is always best to exercise your right to remain silent until you speak with a criminal defense lawyer.

Get Legal Help for Resisting Arrest Charges

If you are facing arrest, it’s essential to understand your rights and the authority of the police under the law. Even if your arrest is unlawful, you could still face resisting arrest charges in Florida.

A skilled criminal defense lawyer can also find possible factors that would establish reasonable doubt in your case. They may explore defenses such as self-defense, if applicable. Contact an experienced criminal defense attorney in your area to discuss the facts of your case and the way forward.