Resisting without Violence in Florida

Florida Statute §843.02   |   Classification: First-Degree Misdemeanor

What Is This Charge?

Resisting without violence involves knowingly and willfully obstructing or opposing a law enforcement officer in the lawful execution of their duties without using or threatening physical force. Common examples include fleeing on foot, refusing lawful commands, or providing false identification.

Penalties & Fines

• Up to 1 year in county jail

• Up to 1 year of probation

• Up to $1,000 in fines

• Permanent misdemeanor record

• Commonly charged alongside other offenses from the same incident

  
  

Additional Consequences

• Criminal record affecting employment and professional licensing

• Immigration consequences for non-citizens

  
  

Possible Defenses

• The officer was not acting in the lawful execution of their legal duties

• You did not knowingly or willfully obstruct — the conduct was passive or involuntary

• Your conduct did not rise to the level of obstruction under Florida law

• You were exercising your First Amendment right to observe or verbally challenge police conduct

• The stop or detention was unlawful

  
  

Why You Need a Defense Attorney

The lawfulness of the officer's conduct is central to this charge. If the officer did not have legal authority to detain or arrest you, the obstruction charge may not stand. An attorney will analyze the sequence of events, review all recordings, and challenge whether the legal requirements were truly met.

Call today for a free consultation: (813) 888-8888  |  Email: erica@fllegaldefense.com

Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.