Is resisting an officer without violence a crime in Florida?

Resisting without violence is often charged along with something else: a DUI, a trespass, a fight outside a bar. It is a county court misdemeanor, but it carries real weight in plea talks and on a record. When trespass is the other charge, its degrees are set out in the penalty for trespassing in Florida. This page follows the words of section 843.02, Florida Statutes, and the statutes around it. The wider misdemeanor process, from the notice to appear to diversion, is on our misdemeanor charges in South Florida page.

What does the State have to prove?

Section 843.02 punishes "whoever shall resist, obstruct, or oppose" a listed officer "in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer." Read word by word, that gives the State four things to prove:

1. Resistance. The person resisted, obstructed or opposed the officer.
2. A covered officer. A law enforcement, correctional or correctional probation officer and the other officers listed by reference to s. 943.10, a county probation officer, a parole and probation supervisor, Department of Law Enforcement personnel, or another person legally authorized to execute process.
3. A lawful duty. The officer was executing legal process or engaged in "the lawful execution of any legal duty." Whether the stop, the order or the arrest was lawful is therefore part of the case.
4. No violence. If violence was offered or done, the charge belongs under s. 843.01 instead.

Section 843.01, resisting with violence, requires that the person "knowingly and willfully" resisted by offering or doing violence to the officer, and it is a third-degree felony. Section 843.02 does not use the words "knowingly and willfully." How a stop itself is limited by law is explained in your rights during a police stop in Florida.

How does resisting compare with related charges?

The maximums come from ss. 775.082 and 775.083. Fleeing in a car has its own degrees and license consequences, set out in the penalty for fleeing or eluding police. A loud public argument that ends in an arrest may be charged as breach of the peace instead, explained in the penalty for disorderly conduct.

Can I resist an arrest that turns out to be unlawful?

Not with force. Section 776.051 says a person "is not justified in the use or threatened use of force to resist any arrest or detention" by a law enforcement officer, or to resist an officer performing official duties, if the officer was acting in good faith and is known, or reasonably appears, to be an officer. As most recently amended in 2026 (ch. 2026-144), the statute defines "acting in good faith" as making "sincere and reasonable efforts to comply with legal requirements, even if the arrest, detention, or other act is later found to have been unlawful." The place to challenge an unlawful stop or arrest is the courtroom, through motions and the "lawful execution" element of s. 843.02, not the roadside.

How does a resisting case move in South Florida?

1. Arrest. Resisting is usually charged at the scene, with or after another offense. A person held in jail sees a judge within 24 hours (Rule 3.130(a)), described in the first 48 hours after an arrest.
2. The court. A resisting charge alone is heard in county court (s. 34.01). If it comes with a felony arising from the same events, the circuit court hears both (s. 26.012(2)(d)).
3. Discovery. After a Notice of Discovery the prosecutor has 15 days to list witnesses and evidence (Rule 3.220(b)(1)), which in these cases often includes body camera and patrol car video.
4. Diversion or trial. A first offender charged with a misdemeanor may be considered for pretrial intervention with the consent of the victim, the State Attorney and the judge (s. 948.08(2)). Otherwise the case is tried to a six-person jury (s. 913.10) within 90 days of the formal charge unless waived (Rule 3.191(a)).

In Palm Beach County, misdemeanors from Boca Raton, Delray Beach and Boynton Beach are heard at the building described in the South County Courthouse in Delray Beach. Broward misdemeanors are heard at the Central Courthouse in Fort Lauderdale and its satellite courthouses, as explained on our Broward County courts page.

What changes the answer?

• Violence. Offering or doing violence moves the case from s. 843.02 to s. 843.01, a felony.
• The officer's duty. Section 843.02 applies only to an officer executing legal process or a lawful legal duty.
• Who the officer was. The statute lists the officers it covers; a private security guard is not on that list, though a licensed, uniformed security officer is covered by the separate assault and battery reclassification statute, s. 784.07(2).
• Equipment. Grabbing a radio, weapon, body camera or handcuffs is a separate felony (s. 843.025).
• A later battery charge. A prior conviction for resisting with violence now counts toward felony battery, even with adjudication withheld (s. 784.03(2)). The battery ladder is explained in the difference between assault, battery and aggravated battery.
• The record. Resisting without violence is not on the list of offenses that can never be sealed (s. 943.0584(2)), so a withheld or dismissed case may be sealable if the other conditions are met (s. 943.059(1)). The full test is in whether you are eligible to seal or expunge a record.

What outcomes are possible?

Like any misdemeanor, a resisting case can end in a dismissal or nolle prosequi, a diversion program that ends in a dismissal, a plea with adjudication withheld, an adjudication of guilt, or a verdict after trial. The sentence on a plea can include a fine, court costs, probation of up to 6 months unless the court specifies otherwise (s. 948.15(1)), and jail of up to 1 year. Which programs each county's State Attorney publishes, and who qualifies, is compared in pretrial diversion in Palm Beach and Broward. The way the case ends matters more than the fine: a dismissal is usually sealed automatically (s. 943.0595(2)), while an adjudication of guilt bars court-ordered sealing of any record later (s. 943.059(1)(b)).

A worked example

For example, picture a hypothetical college student outside a bar in downtown Fort Lauderdale at closing time. Officers order the crowd to move along; he stops to argue, and when an officer takes his arm he pulls it back and steps away. He is charged under s. 843.02 and released with a court date at the Broward courthouse. There was no violence to the officer, so s. 843.01 does not apply. The questions the defense asks are whether the order to move was part of a lawful legal duty, what the body camera shows, and whether he qualifies for pretrial intervention as a first offender (s. 948.08(2)). Had he pushed the officer, the case would be a third-degree felony, and under s. 776.051 the lawfulness of the officer's order would not have justified the force. This is a hypothetical illustration, not a client's case or a prediction.

Common mistakes in resisting cases

• Arguing with the officer about whether the stop is legal; that argument belongs in court.
• Pulling away or going limp "to make a point," which can be the resistance itself.
• Giving a nickname or another person's name, a separate crime under s. 901.36.
• Assuming a misdemeanor resisting charge will simply be dropped when the main charge is.
• Waiting too long to ask for body camera video through discovery.
• Taking an adjudicated plea without knowing it bars sealing any record (s. 943.059(1)(b)).

What to do this week

1. Write down, minute by minute, what the officer said and did and what you said and did.
2. List every witness and anyone who filmed the encounter.
3. Save your own video and photos of any injuries.
4. Find the court date and the courthouse on your paperwork.
5. Do not post about the officers or the arrest.
6. Talk with a defense lawyer about discovery and diversion before arraignment.

Frequently asked questions

Is resisting without violence a felony?

No. It is a first-degree misdemeanor under s. 843.02. Resisting with violence under s. 843.01 is a third-degree felony.

What is the maximum sentence?

Up to 1 year in county jail and a $1,000 fine (ss. 775.082(4)(a), 775.083(1)(d)). Misdemeanor probation is up to 6 months unless the court specifies otherwise (s. 948.15(1)).

Can I be charged just for running from police?

Running on foot is not named in s. 843.02, but obstructing or opposing an officer lawfully executing a legal duty is. Refusing to stop a vehicle when ordered is a separate felony under s. 316.1935(1).

Is lying about my name resisting?

It is charged under its own statute: giving a false name to an officer after an arrest or lawful detention is a first-degree misdemeanor (s. 901.36(1)).

Can a resisting charge be sealed?

Resisting without violence is not among the offenses s. 943.0584(2) bars from sealing. A withheld case may be sealed if the person was never adjudicated guilty of a crime (s. 943.059(1)), and a dismissal is usually sealed automatically (s. 943.0595(2)).

Does recording the officer count as resisting?

Section 843.02 does not mention recording. The separate statute s. 843.31 makes it a second-degree misdemeanor to approach within 25 feet after a warning with intent to impede, threaten or harass the officer.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense experience in South Florida courts. In a resisting case, he looks at what duty the officer was performing, what the video shows, and whether diversion fits, and explains how each outcome affects your record. Every case is different, and no result can be promised. The consultation is free, and you can call (561) 362-6677 24 hours a day.

Request a Call Back