Founding Attorney
Resisting arrest in Florida can lead to separate criminal charges, even when the underlying arrest is later disputed or dismissed. The consequences range from fines and probation to jail or prison time, depending on whether force or violence is alleged. Because these charges are often added in tense, fast-moving encounters with law enforcement, they can quickly complicate your case and raise the stakes.
What Counts as Resisting Arrest Under Florida Law?
Florida recognizes two forms of resisting arrest: resisting without violence and resisting with violence. Both apply when an officer is lawfully performing their duties, and the distinction matters for penalties and long-term impact.
Resisting arrest without violence generally involves non-physical interference. This can include:
- Refusing to provide identifying information when legally required during a lawful detention
- Pulling away or tensing your arms while being handcuffed
- Running from an officer after a lawful command to stop
- Obstructing or delaying an arrest without physical force
Resisting arrest with violence involves physical force or threats directed at an officer. Allegations often include:
- Pushing, striking, or kicking an officer
- Using objects to block or hit law enforcement
- Attempting to flee while making physical contact
The presence or absence of force distinguishes a misdemeanor from a felony.
Common Situations That Lead to Resisting Arrest Charges
Many people charged with resisting arrest did not set out to interfere with police. These charges often arise in emotionally charged situations where confusion, fear, or alcohol plays a role.
Common scenarios include:
- Traffic stops that escalate after a driver exits the vehicle
- DUI investigations where sobriety testing leads to confrontation
- Domestic disturbance calls with heightened emotions
- Crowd control situations at bars, events, or public gatherings
In many cases, what an officer views as resistance may feel to you like instinctive movement or verbal disagreement.
How Resisting Arrest Is Often Charged Alongside Other Offenses
Resisting arrest is rarely the only charge filed. Prosecutors frequently add it to cases involving:
- DUI or drug possession
- Disorderly conduct
- Battery or domestic violence allegations
- Probation violations
Even when the original charge is minor, a resisting count can change how the case is handled. It may affect bond conditions, plea negotiations, and sentencing exposure.
Penalties for Resisting Arrest in Florida
The penalties depend on the type of charge and your prior record.
Resisting arrest without violence is a first-degree misdemeanor, punishable by:
- Up to 1 year in jail
- Up to 1 year of probation
- Fines up to $1,000
Resisting arrest with violence is a third-degree felony, punishable by:
- Up to 5 years in prison
- Up to 5 years of probation
- Fines up to $5,000
A felony conviction can also affect employment, housing, and civil rights long after the case ends.
Possible Defenses to Resisting Arrest Charges
Not every arrest is lawful, and not every alleged act qualifies as resistance. When you are facing these charges, the details matter.
Potential defenses may include:
- The officer lacked legal grounds for the stop or arrest
- You did not know the person was a law enforcement officer
- Your actions were reflexive rather than intentional
- Excessive force by police escalated the encounter
- The officer’s account conflicts with body-camera or witness evidence
We focus on the facts that led up to the arrest, not just what appears in the police report.
Why Early Legal Guidance Matters
Resisting arrest cases often turn on small details, timing, and credibility. Statements made during or after the arrest can shape the case from the start. Early review of evidence can uncover weaknesses before they harden into charges that are harder to undo.
Protecting Your Record After a Resisting Arrest Charge
A conviction for resisting arrest can follow you long after the case is over. Even a misdemeanor can appear in background checks and affect future opportunities. Exploring dismissal, reduction, or diversion options early may help limit long-term consequences.
Addressing a Resisting Arrest Charge Head-On
If you are charged with resisting arrest in Florida, waiting rarely helps. We will review what happened, explain what the law requires, and help you decide how to move forward based on your goals and the risks you face. Reach out to Van Elskyk Law to discuss your situation and your options.