When an encounter with law enforcement takes a wrong turn, it can lead to unexpected—and serious—criminal charges. One of the most commonly misunderstood charges in Florida is resisting arrest. Many people don't realize that a moment of panic or confusion during an arrest can escalate into a separate criminal offense, with penalties that could follow them for the rest of their lives.

At Aaron Delgado & Associates, we’ve seen firsthand how these charges can impact our clients' lives, especially when they're tacked on in situations where tensions were already high. Whether it was an argument during a traffic stop or simply pulling away from an officer’s grasp, resisting arrest can be charged in more than one way—and in some cases, it could be classified as a felony.

In this blog, we’ll break down what Florida law says about resisting arrest, the difference between misdemeanor and felony resisting, what counts as “resisting,” and the penalties associated with each. We’ll also touch on your legal rights during an arrest and how a strong defense strategy can make all the difference if you’re facing these charges.

Understanding Florida Law: What Does "Resisting Arrest" Really Mean?

In Florida, the term “resisting arrest” isn’t actually used in the statute. Instead, the law distinguishes between two types of charges under Florida Statutes § 843.01 and § 843.02:

• § 843.01 – Resisting Officer with Violence to His or Her Person
  This is the more serious of the two and is classified as a third-degree felony. It applies when someone knowingly and willfully resists, obstructs, or opposes a law enforcement officer with violence while the officer is engaged in the lawful execution of a legal duty.
  
  
• § 843.02 – Resisting Officer without Violence to His or Her Person
  This is a first-degree misdemeanor, applying to situations where someone resists, obstructs, or opposes a law enforcement officer without using violence.
  
  

So yes—resisting arrest can absolutely be a felony in Florida, but whether it's charged as a felony or a misdemeanor depends on how the alleged resistance occurred. The presence or absence of violence is the key factor.

It’s also important to understand that “violence” doesn’t necessarily mean causing injury. Even minimal physical contact, like pushing or flailing arms, can be construed as violent resistance, depending on the officer’s account and available evidence.

Examples of Resisting Arrest: With and Without Violence

The line between misdemeanor and felony resisting arrest can be blurry, especially in high-stress encounters with law enforcement. Let’s look at some real-world examples that illustrate how these charges are typically applied.

Resisting Without Violence (Misdemeanor)

This charge often arises from actions that are non-compliant or obstructive but not physically aggressive. Common examples include:

• Refusing to place your hands behind your back when instructed
• Verbally arguing with officers or questioning their authority during a lawful arrest
• Providing false identification to delay an investigation
• Walking or running away after being told you're under arrest

These behaviors, while not violent, can still be interpreted as obstructing an officer in the performance of their duties. Even passive resistance—such as going limp and refusing to be handcuffed—can lead to a misdemeanor charge.

Resisting With Violence (Felony)

When resistance escalates to physical contact or aggressive behavior, the charge may be elevated to a felony. Examples include:

• Pushing, striking, or attempting to strike an officer
• Struggling during handcuffing that leads to injury or significant physical interference
• Kicking or flailing in a way that puts officers at risk
• Grabbing for an officer’s equipment or weapon

Even if the officer isn’t injured, any use of physical force or aggressive movement can be enough to justify a felony resisting charge. It’s not uncommon for this charge to be added on top of other offenses—particularly when the arrest itself is already tense or confrontational.

Penalties and Consequences: What’s at Stake?

Whether resisting arrest is charged as a misdemeanor or a felony, the consequences can be serious—both legally and personally. Understanding what’s at stake is critical for anyone facing these charges.

Penalties for Resisting Without Violence (Misdemeanor)

As a first-degree misdemeanor, this offense carries potential penalties of:

• Up to 1 year in jail
• Up to 1 year of probation
• Up to $1,000 in fines

While it may not sound severe compared to a felony, a conviction for resisting without violence still creates a permanent criminal record. This can impact employment, housing, and other areas of life long after the sentence is served.

Penalties for Resisting With Violence (Felony)

This charge is a third-degree felony, which is punishable by:

• Up to 5 years in prison
• Up to 5 years of probation
• Up to $5,000 in fines

In addition to a felony record, those convicted may face enhanced penalties if other offenses are involved—such as battery on a law enforcement officer or if the alleged resistance caused injury. A felony conviction can also affect civil rights, including the right to vote or possess firearms.

Collateral Consequences

Beyond court-imposed penalties, both misdemeanor and felony resisting arrest charges can carry long-term repercussions:

• Difficulty securing employment or professional licenses
• Immigration consequences for non-citizens
• Loss of credibility in future legal matters
• Enhanced sentencing if arrested again in the future

Because these charges often hinge on police interpretation, defending against them effectively requires a deep understanding of the law and a proactive legal strategy.

Legal Defenses to Resisting Arrest Charges in Florida

If you’ve been charged with resisting arrest—whether with or without violence—it’s essential to understand that you have legal options. These cases often rely heavily on an officer’s account, and there may be evidence or context that tells a very different story.

Here are some common defenses used in resisting arrest cases:

1. Unlawful Arrest

If the arrest itself was not lawful, then resisting it—even with some level of force—may not be a criminal offense. Law enforcement must have legal grounds to detain or arrest you. If they didn’t, your attorney may be able to get the charge dismissed.

2. Lack of Intent

Florida law requires that resistance be knowing and willful. If you didn’t know the person was an officer, or if your actions were unintentional (e.g., reflexively pulling away out of fear or confusion), you may not be criminally liable.

3. No Violence or Obstruction Occurred

In some cases, people are charged simply for questioning the police or not immediately following orders. But verbal resistance alone—especially when it’s not threatening—is not always enough for a conviction. Your attorney can argue that your actions didn’t meet the legal threshold for obstruction.

4. Excessive Force by Law Enforcement

If officers used excessive or unjustified force, and you acted defensively to protect yourself, that context could support a valid legal defense. While these cases are complex, evidence such as body cam footage or witness testimony can be crucial.

Facing a Resisting Arrest Charge? Get Legal Help Immediately.

At Aaron Delgado & Associates, we understand the high stakes that come with any criminal charge—especially those involving alleged resistance to law enforcement. These charges often arise out of emotionally charged, fast-moving situations, and there’s almost always more to the story than what’s written in a police report.

If you or a loved one is facing a resisting arrest charge in Florida, don’t wait. Contact our office today for a confidential consultation. We’ll review the facts, evaluate your legal options, and fight aggressively to protect your rights and your future.