Resisting Arrest and Obstruction Charges

A resisting or obstruction charge can show up in two ways: as the only charge you're facing, or stacked on top of something else as additional leverage. Either way, the facts of the interaction matter — and what the state says happened may not match what actually did. Butash Law Group defends clients against resisting arrest and obstruction charges in Pasco County courts, including cases where this charge was added to an existing criminal matter.
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What Florida Law Actually Says About Resisting and Obstruction

Florida statute §843.02 makes it a crime to "resist, obstruct, or oppose" a law enforcement officer in the performance of their duties. But the law draws a sharp line between two very different situations — and that distinction determines whether you're looking at a misdemeanor or a felony.

 

  • Resisting without violence (§843.02): A first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. This covers verbal resistance, pulling away, or otherwise delaying an officer without any physical aggression.
  • Resisting with violence (§843.01): A third-degree felony, punishable by up to five years in prison. This applies when the resistance involves striking, threatening, or physically opposing an officer.

 

The line between these two charges is not always as clear as the state makes it sound. Prosecutors sometimes charge resisting with violence based on a disputed account of the interaction. The specific facts — who moved first, what was said, whether the officer's commands were lawful — are where a defense is built.

A Tack-On Charge Is Often a Pressure Tactic

One of the most common situations we see: a client is charged with something else — a DUI, a drug offense, a domestic violence allegation — and a resisting charge gets added to the mix. It happens frequently, and it's worth understanding why.

 

Adding a resisting charge increases the total exposure a defendant faces. More charges create more pressure to accept a plea on the primary offense. Addressing both charges together, as part of a single coordinated defense strategy, often produces better outcomes than treating them as separate problems. When we take a criminal defense case that includes a resisting charge, we evaluate the full picture from the start — not just the charge the state considers most serious.

What You Did and What the Law Says You Did May Be Different Things

Florida courts recognize a distinction between physically impeding an officer and asserting your legal rights. Asking why you're being stopped, refusing to answer questions, or stating that you don't consent to a search are protected activities. They are not obstruction. When a resisting charge stems from a situation where a client was exercising rights rather than physically resisting, that distinction becomes a central part of the defense.

 

Other defense angles we examine in resisting and obstruction cases include:

 

  • Whether the officer was engaged in a lawful duty at the time of the alleged resistance
  • Whether the arrest itself was lawful — resistance to an unlawful arrest can be a valid defense under Florida law
  • Whether the facts support the level of charge filed (misdemeanor vs. felony)
  • Whether the charge was added after the fact and lacks independent evidentiary support
  • Whether witness accounts or body camera footage contradict the officer's version of events

Serving criminal defense Clients Across Pasco County, Lutz, FL and North Tampa

A DUI, drug charge, or domestic violence arrest moves fast in Pasco County courts. A case review with Butash Law Group gets you ahead of the game — and gives you a clarity on your next steps and what we can do to accomplish them.

Frequently Asked Questions About Resisting Arrest in Florida

  • What is the penalty for resisting arrest in Florida?

    It depends on whether the charge involves violence. Resisting without violence is a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine. Resisting with violence is a third-degree felony with a maximum sentence of five years in prison. Prior criminal history and the specific facts of the case can affect sentencing significantly.

  • Is resisting arrest without violence a felony in Florida?

    No. Under Florida statute §843.02, resisting without violence is a first-degree misdemeanor — not a felony. However, if the state alleges any physical contact or threat directed at the officer, the charge can be elevated to resisting with violence, which is a felony. The classification depends heavily on how the incident is documented and what evidence exists.

  • Can a resisting arrest charge be added to an existing case?

    Yes, and it happens regularly. Prosecutors can add a resisting or obstruction charge at any point before trial if the evidence supports it. In many cases, this charge is filed alongside a primary offense as part of the state's overall case. Handling both charges through a unified defense strategy — rather than addressing them separately — tends to produce better results.

  • What if I was resisting an unlawful arrest?

    Florida law has recognized that a person has the right to resist an unlawful arrest, though this defense is fact-specific and has been narrowed by courts over time. Whether the arrest was lawful, whether the officer had proper authority, and how the resistance manifested are all relevant. This is a legitimate defense angle in the right circumstances — not a blanket excuse, but a real legal argument when the facts support it.

  • Do I need a lawyer for a misdemeanor resisting charge?

    A misdemeanor conviction still results in a criminal record that can affect employment, housing, and professional licensing. Beyond the immediate penalties, a conviction for resisting can complicate any related charges and signal to prosecutors that you're a more difficult defendant to work with in future proceedings. Having an attorney review the circumstances before you make any decisions — including whether to accept a plea — is worth the time.