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Can Butash Law Group Seal Your Criminal Record?

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.

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What Florida Law Actually Says About Resisting and Obstruction

Attorney Michael G. Butash, Butash Law Group

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 Do Our Clients Say?

Emely Rosas ★★★★★
I can’t thank my lawyer enough for the outstanding job they did handling my DUI case. From the very beginning, they were professional, knowledgeable, and honest about the entire process. They kept me informed every step of the way, answered all my questions, and made a stressful situation much easier to deal with. What impressed me most was their dedication and attention to detail. They truly fought for the best possible outcome and treated me with respect the entire time.Thanks to their hard work and experience, my case was resolved better than I expected, If you’re looking for an attorney who genuinely cares about their clients and knows how to get results, I highly recommend mike!
Emely Rosas
Amelia Cozzolino ★★★★★
Working with Mike and his team was a great experience. Mike is knowledgeable, professional, and truly cares about his clients. He took the time to explain everything clearly and made sure I felt confident throughout the entire process. I also want to give a special thank you to Stephanie, his paralegal, who was absolutely excellent. She was always responsive, organized, and went above and beyond to keep everything moving smoothly. Her communication made a stressful situation so much easier. I’m very grateful for everything they did for me and would highly recommend Mike and his team to anyone needing legal help.
Amelia Cozzolino
Tanya Rais ★★★★★
I cannot say enough good things about Mike Butash and his team. If I could give more than five stars, I absolutely would. They have truly been a lifeline for me during one of the most difficult and emotional periods of my life. Navigating a high-conflict divorce is overwhelming, but they were the steady voice of reason through it all. When things became complicated or stressful, they brought clarity, logic, and a clear path forward. Mike, Mimi, and the entire staff have supported me every step of the way. They fought for me, kept me informed, and always made sure I understood both the process and possible outcomes-good or bad. That level of honesty and transparency meant everything. Even during moments when I felt frustrated or emotional, they remained patient, professional, and genuinely supportive. Even though my journey isn’t completely over, I feel confident knowing I’m in the best hands. I recommend them to anyone who needs not just an attorney, but a team that truly stands by you.
Tanya Rais
Margarita Vazquez ★★★★★
I am incredibly grateful for the outstanding legal representation I received. My case lasted over a year, and throughout the entire process, Mr. Butash was professional, knowledgeable, and consistently responsive. He took the time to explain every step clearly, kept me informed, and always made me feel supported. His dedication and attention to detail truly made a difference, and I couldn’t be happier with the outcome. I highly recommend Butash Law Group to anyone looking for a reliable and trustworthy attorney. Thank you so much again Mike!
Margarita Vazquez

Why Choose Butash Law Group for Resisting Arrest Defense?

What to Expect When You Hire a Resisting Arrest Defense Lawyer

Step 1: Free Initial Consultation

Contact Butash Law Group at (813) 341-2232 to schedule a complimentary consultation where your dispute is reviewed and your legal options are explained. This no-obligation meeting helps establish whether your matter has merit and what strategy may best protect your interests.

Step 2: Case Evaluation & Strategy

Every resisting arrest defense matter is individually assessed based on its unique facts, applicable Florida law, and the client's goals. The firm identifies fee-recovery opportunities, evaluates litigation risk, and recommends the most advantageous pathmediation, negotiated settlement, or trial.

Step 3: Pre-Litigation Negotiation & Mediation

Where appropriate, Butash Law Group pursues pre-suit negotiation or formal mediation to resolve disputes efficiently and cost-effectively before court proceedings begin. A timely mediated resolution can preserve business relationships and significantly reduce overall litigation expense.

Step 4: Discovery & Evidence Building

If litigation proceeds, the firm actively manages all phases of discoveryincluding interrogatories, document requests, depositions, and subpoenasto build the strongest possible evidentiary record. Disputes over privilege, production scope, or non-party subpoenas are handled promptly to keep the case moving forward.

Step 5: Trial or Final Resolution

When settlement terms are inadequate or trial is in the client's best interest, Butash Law Group is fully prepared to argue the case before a judge or jury in Florida state or federal court. The firm pursues every available remedy to achieve the most favorable outcome possible for each client.

Serving Pasco, Hillsborough, Hernando & Pinellas Counties

Butash Law Group serves resisting arrest defense clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa. Whether your dispute arises locally or involves parties across the region, the firm provides experienced, responsive representation close to home.

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Butash Law Group represents Tampa Bay clients across a full range of legal matters.

Frequently Asked Questions

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.

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.

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.

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.

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.
About Mike Butash
MEET MIKE BUTASH

A Former Prosecutor Who Knows Both Sides

Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.

40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases

Talk to a Resisting Arrest Defense Attorney Today

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