Resisting Without Violence in Florida: Why It Isn’t Just About Resisting Arrest

• Sep 29 2026

Almost every week, someone calls our office with the same question: “How could my son be arrested for resisting without violence? He wasn’t even being arrested. He didn’t do anything.”

It’s a fair question, and the confusion comes from the name. Most people hear “resisting without violence” and assume it means resisting arrest without violence. It doesn’t. In Florida, the charge covers much more than arrests, and that’s why people end up charged over conduct that felt harmless in the moment.

What the Law Actually Says

Resisting without violence is defined in section 843.02 of the Florida Statutes. In plain terms, it is a crime to resist, obstruct, or oppose a law enforcement officer who is in the lawful execution of any legal duty, without using or threatening violence.

Notice what that sentence does not say. It never mentions arrest. An arrest is only one of the legal duties an officer performs. Others include:

• Conducting a traffic stop or an investigative stop
• Securing a crime scene
• Directing people at an accident or an active scene
• Arresting or detaining someone else
• Serving legal process, like a warrant

If an officer is lawfully doing any of those things and someone gets in the way, that person can be charged, even if nobody was ever trying to arrest them in the first place.

The Florida Supreme Court has boiled the charge down to two things the State must prove: (1) the officer was engaged in the lawful execution of a legal duty, and (2) the person’s words, conduct, or both obstructed or resisted that duty. C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009).

Everyday Examples That Lead to This Charge

These are the situations we see most often. None of them involve anyone being arrested at the start.

Stepping in when a loved one is being arrested

Police are arresting your brother in front of your home. You step between him and the officer, grab his arm to pull him back, or physically block the officer from reaching him. You were not the target of the arrest. But the officer was performing a legal duty, and you obstructed it. That alone can support a resisting without violence charge.

This is the situation behind many of the calls we get from families. And here is the part that surprises people: even if your brother’s case is later dropped, your resisting charge can still stand, as long as the officer was acting lawfully at the time.

Walking or running away after being told to stop

An officer has a legitimate reason to briefly stop and question you, maybe you match a description from a recent call. The officer tells you to stop. You keep walking, or you run. You haven’t been arrested and you may not have committed any other crime, but ignoring a lawful order to stop during a valid investigative stop is exactly what the Florida Supreme Court addressed in C.E.L. It can be resisting without violence.

Ignoring a lawful order at a scene

There has been a shooting on your block, and officers tape off the area. An officer tells you to step back behind the tape. You refuse, or you keep crossing it to get a better look or to check on a neighbor. Or officers at a crowded scene tell people to clear the street, and you stay put. When the order is lawful and your refusal gets in the way of what officers are doing, it can lead to this charge.

Pulling your arm away or going limp

This is where the line between the misdemeanor and the felony starts to matter. If you are being lawfully detained and you pull your arm away, tense up, or go limp so officers have to carry you, that is generally charged as resisting without violence. But if you kick, swing, shove, or struggle in a way that puts the officer at risk, the charge can become resisting with violence, which is a felony.

When It Becomes Resisting With Violence

Section 843.01 of the Florida Statutes covers resisting an officer by offering or doing violence. “Offering” matters here: threatening violence can be enough, even if no one is hurt. Shoving an officer, striking, kicking, or biting can all turn a misdemeanor situation into a third-degree felony.

Florida changed this law in 2026. Under the Officer Jason Raynor Act, effective June 16, 2026, the felony no longer requires that the officer was acting lawfully. It is enough that the officer was performing official duties. The same law also says you cannot use or threaten force to resist an arrest or a detention by an officer acting in good faith, even if that arrest or detention is later found to be unlawful.

The practical takeaway is simple: if you believe a stop or an arrest is wrong, do not physically fight it. Challenge it later, in court, with a lawyer. Using force can turn a bad stop that might have been defensible into a felony that is much harder to fight.

Penalties

• Resisting without violence (section 843.02) is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
• Resisting with violence (section 843.01) is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

These charges rarely travel alone. They are often added to other charges from the same encounter, and a resisting charge can complicate bond, plea negotiations, and a person’s record long after the underlying incident is resolved.

What About Words, Arguing, or Filming the Police?

Florida courts have generally held that words alone, like yelling at or cursing at an officer, are not usually enough to support a resisting charge. There are limited exceptions, such as shouting a warning that lets a suspect get away. Arguing is rarely a good idea, but by itself it is usually not a crime.

Recording police in public is generally lawful in Florida. However, a 2024 law (section 843.31) makes it a second-degree misdemeanor to approach or stay within 25 feet of a first responder who is performing their duties after being warned to stay back. You can usually keep recording. You may just need to do it from farther away.

How These Charges Are Defended

Every case turns on its own facts, but some of the most important questions in a resisting without violence case are:

• Was the officer acting lawfully? For the misdemeanor, the State must prove the officer was lawfully executing a legal duty. If the stop, the detention, or the order had no legal basis, the charge can fail.

• Did the conduct actually obstruct anything? Being frustrated, asking questions, or being slow to comply is not always the same as resisting.

• Did the person know they were dealing with an officer? This can matter with plainclothes officers or chaotic scenes.

• What does the video show? Body-worn camera footage, dash camera footage, and bystander video often tell a very different story than the arrest report.

Because the lawfulness of the officer’s actions is part of the misdemeanor charge, these cases often come down to the details of the stop itself. That is where an experienced defense attorney can make a difference.

Frequently Asked Questions

Can I be charged with resisting without violence if I was never arrested?
Yes. The charge applies to any lawful legal duty an officer is performing, including stops, investigations, and securing a scene, not just arrests.

Can I be charged for interfering when someone else is being arrested?
Yes. Physically getting in the way of an officer who is arresting or detaining someone else can support the charge.

If the other charges are dropped, does the resisting charge go away too?
Not automatically. If the officer was acting lawfully at the time, a resisting charge can stand on its own even if the original charge is dropped.

Is resisting without violence a felony in Florida?
No. It is a first-degree misdemeanor. Resisting with violence is the felony version.

Can I resist an arrest I know is illegal?
Not with force. Florida law says you cannot use or threaten force against an officer acting in good faith, even if the arrest or detention turns out to be unlawful. The place to challenge it is in court.

Talk to a Miami Criminal Defense Attorney

If you or someone you love has been charged with resisting an officer in Miami-Dade County, the details of what happened, and what the officer was doing at that moment, matter. Our attorneys are available 24/7 for urgent cases, and se habla español.

Call or WhatsApp Valiente Law at 305-764-5460 for a confidential consultation or complete the online contact form to set up a free consultation.

If you are in trouble, then you call Valiente!

Tagged with: Criminal Procedure, Miami Criminal Defense, Miami-Dade County, Misdemeanor Defense, Search & Seizure

Posted in: Criminal