What Will Happen if You are Resisting Arrest Without Violence in Florida?

Imagine yourself in a situation where law enforcement officers are attempting to arrest you. While you haven't physically resisted them, you might hesitate to comply fully, perhaps out of confusion or frustration. In Florida, even non-violent actions that obstruct or hinder a lawful arrest can lead to criminal charges. This offense is known as resisting arrest without violence.

Facing such a charge can have significant consequences, potentially resulting in jail time, fines, and long-lasting impacts on your life. This blog aims to provide you with a clear understanding of what constitutes resisting arrest without violence in Florida, the potential repercussions you might face, and the importance of seeking legal guidance if you find yourself in such a situation.

Have you been arrested and charged and want to know your legal options and defenses?  Call West Palm Beach criminal defense lawyer Ron Chapman at (561) 832-4348 to schedule a meeting. We'll answer your questions and examine the details of your case and develop a strategy to obtain the best possible outcome so you can get on with your life.  

Resisting Arrest Without Violence in Florida

Florida Statute 843.02 outlines the legal definition of resisting arrest without violence. It states that anyone who obstructs, opposes, or resists a law enforcement officer, as defined by the statute, in the lawful execution of their legal duty, without offering or using violence against the officer themselves, is guilty of a first-degree misdemeanor.

Understanding what constitutes "resisting" in this context is crucial. It's important to note that passive resistance can also be considered a crime, even if there's no physical violence involved. Examples of actions that might fall under this category include:

• Tensing up your muscles when officers attempt to handcuff you
• Refusing to answer questions (although it's important to remember you have the right to remain silent)
• Walking away from the officer when instructed to stay put
• Pulling away from the officer's grasp when they attempt to restrain you
• Becoming limp or going limp to make it difficult for officers to handcuff you
• Hiding your hands or refusing to comply with instructions to show your hands

It's essential to remember that simply disagreeing with the arrest or feeling it's unfair doesn't justify resisting, even passively. The law requires cooperation, and any actions that hinder the lawful execution of an arrest can lead to charges.

It's also crucial to understand that violence is not an element of this specific charge. Even if you don't physically assault the officer, any non-violent obstruction can still be considered a crime under Florida law.

Potential Consequences of a Resisting Arrest Charge

Being charged with resisting arrest without violence in Florida is classified as a first-degree misdemeanor. While it might seem less severe than felonies, a conviction can still carry significant consequences that can impact your life in various ways. Here's a breakdown of the potential penalties you might face:

• Up to one year in jail: This could mean spending a significant amount of time behind bars, facing the challenges and limitations associated with incarceration.
• Up to one year of probation: While probation avoids jail time, it often comes with strict requirements and limitations on your freedom, potentially impacting your daily life and routine.
• Up to $1,000 fine: The financial burden of a fine can be substantial, adding additional stress and strain to your situation.

Beyond the immediate court-imposed penalties, a resisting arrest charge can also have long-lasting repercussions that can affect your future prospects:

• Impact on employment and housing opportunities: A criminal record can make it challenging to secure employment or find suitable housing, as many landlords and employers conduct background checks.
• Difficulty obtaining professional licenses: Depending on your chosen profession, a criminal record could hinder your ability to obtain or maintain necessary licenses and certifications.

These potential consequences highlight the seriousness of a resisting arrest charge, even without violence involved. It's crucial to understand the risks associated with such an offense and the importance of navigating situations involving law enforcement calmly and cooperatively.

Your Rights When Facing a Resisting Arrest Charge

While facing a resisting arrest charge can be stressful and confusing, it's crucial to remember two key aspects: knowing your rights and maintaining your composure.

Understanding Your Rights

• Right to Remain Silent: You have the right to remain silent and refuse to answer any questions posed by law enforcement officers. This right is enshrined in the Fifth Amendment and protects you from inadvertently incriminating yourself.
• Right to an Attorney: You have the right to request an attorney at any point during the interaction with law enforcement. This right applies whether you are under arrest or simply being questioned. The officer must cease questioning until your attorney is present or you choose to waive your right to counsel.
• Right to Know the Reason for the Arrest: You have the right to know why you are being arrested. The officer should inform you of the charges against you in a clear and concise manner.

Maintaining Your Calm

• Remain Calm and Cooperative: Even if you disagree with the arrest or feel frustrated, resisting, even passively, can lead to further complications. Remaining calm and cooperative demonstrates respect for the officer's authority and reduces the potential for escalation.
• Avoid Arguing or Resisting: Engaging in arguments or resisting instructions can be misconstrued as obstructing the arrest. Comply with lawful instructions while politely asserting your rights if necessary.
• Remember Your Right to Silence: If you choose to exercise your right to remain silent, politely inform the officer and refrain from engaging in further conversation.

It's important to politely but firmly assert your rights while maintaining a calm and cooperative demeanor. Remember, you’re not obligated to answer any questions or engage in conversations beyond providing basic identification. If you are unsure about your rights or feel uncomfortable, politely request to speak with an attorney.

Seeking Legal Help

Facing a resisting arrest charge can be overwhelming and stressful. The legal complexities involved necessitate seeking guidance from an experienced lawyer for resisting arrest. A qualified attorney can provide invaluable support throughout the process, helping you navigate the legal system and protect your rights in several ways:

• Navigating the legal process: The legal system can be complex and challenging to navigate alone. An attorney can guide you through each step, ensuring you understand your rights and responsibilities throughout the proceedings.
• Evaluating the specific circumstances of your case: Every case is unique, and a thorough evaluation of the specific details surrounding your arrest is crucial. Your attorney will meticulously analyze the facts, evidence, and potential defenses to build a strong case strategy.
• Building a strong defense strategy: Based on the evaluation of your case, your attorney will develop a strategic approach to defend your rights. This may involve challenging the legality of the arrest, negotiating with prosecutors, or presenting evidence in court.
• Fighting for the best possible outcome: Your attorney will advocate on your behalf, aiming to achieve the most favorable outcome possible. This could involve seeking dismissal of the charges, negotiating a plea bargain, or even taking the case to trial.

Remember, consulting with an attorney as soon as possible after a resisting arrest charge is crucial. Their experience and guidance can significantly impact the course of your case and help you achieve a more positive resolution.

Call Ronald S. Chapman, P.A. If You’re Facing Resisting Arrest Charges

Being charged with resisting arrest, even without violence, can have serious consequences. West Palm criminal attorney Ronald Chapman has been defending clients against criminal charges since 1990. He understands the complexities of Florida law and is dedicated to protecting your rights.

He will thoroughly analyze your case, explain your options, and fight for the best possible outcome. At Ronald S. Chapman, P.A., we offer comprehensive legal guidance, exploring all potential defenses and building a strong case on your behalf. Throughout the entire legal process, you'll receive unwavering support from our team, ensuring you feel informed and empowered.

Don't wait to secure legal representation if you’ve been charged. Contact us today at (561) 832-4348 to schedule a meeting. Together, we'll fight for your future.

Copyright © 2024. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/