Florida splits resisting an officer into two separate offenses, and which one you are charged with decides almost everything about the case. Resisting an officer without violence, Florida Statute 843.02, is a first-degree misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000. Resisting by offering or doing violence to the officer, Florida Statute 843.01, is a third-degree felony punishable by up to 5 years in prison. Read the charging document before you read anything else.
Matthew Shafran, who heads the criminal defense division at Weinstein Legal Team, handles these cases as a Florida resisting arrest attorney. A free case evaluation with no obligation is where it starts: he will read the charging document, the reports and any body-worn camera footage and tell you which section you are charged under and what the state has to prove. Contact Weinstein Legal Team at 954-845-0505.
What Are the Elements of Resisting Arrest?
To convict you of resisting arrest without violence under Florida Statute 843.02, the state has to prove four things. Each one is a place the case can fail, and the second one is where most of these charges come apart, because an unlawful stop is not the lawful execution of a legal duty.
The elements of resisting an officer without violence, Florida Statute 843.02, are:
- You resisted, obstructed, or opposed a law enforcement officer
- The officer was executing legal process or was in the lawful execution of a legal duty at that moment
- The officer was legally authorized to execute that process or duty
- You knew the person was a law enforcement officer
If the prosecution cannot prove these four elements of resisting arrest, you may be able to have your charges dropped or reduced. However, you need an experienced attorney to review the facts of your case and ensure that you receive a fair day in court.
How Much Resistance Must a Prosecutor Prove?
Another common question individuals have when asking how to get resisting arrest charges dropped, is how much "resistance" a prosecutor must prove to establish guilt. What qualifies as resisting? The wording "to obstruct or oppose" can cause different individuals to interpret resisting arrest in different manners.
Here is where the two sections part company. Striking an officer or throwing something at an officer is not resisting without violence at all. Offering or doing violence to the officer is Florida Statute 843.01, the third-degree felony, and since ch. 2026-144 that section requires the state to prove the defendant acted knowingly and willfully. Florida Statute 843.02 covers everything short of violence: pulling away from a lawful detention, giving a false name, or physically getting between an officer and what the officer is lawfully doing.
Disagreeing with an officer is not obstruction. Neither is asking what you are being detained for. What moves conduct across the line is physical interference or deception, not volume or tone, and that is exactly why the footage matters more than either side's description of it.
In these cases, it is often beneficial to review the body cam or dashcam footage of the incident to determine whether or not the defendant's actions do constitute a criminal charge for resisting arrest.
Defenses for Resisting Arrest
If you are facing charges for resisting arrest, do not lose hope. An experienced criminal defense attorney will review the facts of your case and gather evidence on your behalf supporting your innocence. This evidence may include the aforementioned camera footage, the testimony of the arresting member of law enforcement, and other eyewitness testimony. Additionally, if there is surveillance footage available from a local business or video captured by a bystander this may be taken into evidence. There are several common defenses an attorney may employ when considering how to beat a resisting arrest charge.
Self-Defense/Use of Excessive Force
Florida Statute 776.051 is the starting point, and it cuts against you: a person is not justified in using or threatening force to resist an arrest or detention by an officer acting in good faith who is known or reasonably appears to be an officer. Chapter 2026-144 added a definition of acting in good faith, meaning sincere and reasonable efforts to comply with legal requirements, even if the arrest is later found unlawful. Where an officer used excessive force, the remedy is usually a separate federal civil rights claim under 42 U.S.C. 1983, not a counterclaim in the criminal case, and it does not by itself make the resisting charge go away.
Lack of Evidence or the Inability to Face Your Accuser
In order to convict you, the prosecutor's office must have evidence that proves beyond a reasonable doubt that you are guilty of resisting arrest. Often, a police officer's word is not sufficient evidence to substantiate guilt. There must be proper documentation of the event, corroborating testimony from others present at the time of the arrest, or audio/video footage to support law enforcement's claims.
You also have a Sixth Amendment right to confront the witnesses against you, and in a resisting case the witness is usually the arresting officer. If that officer does not appear, the state may have to drop or reduce the charge, but that is a prosecutor's decision and a scheduling accident, not a defense you can plan around.
Officer Fails to Identify Themself
One of the key elements of resisting arrest is that an individual must be aware they are resisting an officer of the law. If a police officer fails to properly identify themself before making an arrest, and the defendant cannot be reasonably expected to know they are a member of law enforcement, you may have a possible defense.
Schedule Your Free Consultation
If you are facing criminal charges and need to know how to get a resisting arrest charge dropped, contact Weinstein Legal Team and ask for criminal defense attorney Matthew Shafran. The first question is which section you are charged under, Florida Statute 843.02 or Florida Statute 843.01, because the grade, the exposure and the available defenses all follow from that.
A conviction stays on your record where employers and landlords can find it. Attorney Matthew Shafran will review the facts of your arrest in a free case evaluation and tell you what the options are. The phones at Weinstein Legal Team are open 24 hours a day, 365 days a year.
