Assault, Battery & Self-Defense

What is resisting arrest without violence?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A misdemeanor for obstructing or opposing an officer in the lawful execution of a legal duty, without violence.

Resisting without violence is a first-degree misdemeanor. It covers obstructing, opposing, or resisting an officer in the lawful execution of a legal duty.

It's broader than physically pulling away. Fleeing, giving a false name, refusing to comply with lawful commands, and interfering with an officer dealing with someone else have all supported the charge.

But it has real limits, and they're frequently exceeded. Mere words are generally not enough — arguing with an officer, asking questions, expressing displeasure, or recording an encounter aren't obstruction. Neither is simply declining to consent to a search or declining to answer questions.

The "lawful execution" element carries the analysis. Where the underlying detention or arrest wasn't lawful, the officer wasn't engaged in a lawful duty, and the charge fails.

That's a substantially different analysis from resisting *with* violence, which is a felony and where the lawfulness question works differently — covered next.

Words alone generally aren't obstruction. What was said is worth pulling. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.