Fla. Stat. § 843.01 / § 843.02
Resisting Arrest
One word — "violence" — separates a misdemeanor from a felony here. And a key requirement is often overlooked: the officer must have been acting lawfully.
Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183).
Last reviewed: June 2026
Two Different Charges
Florida splits resisting into two offenses. Resisting without violence (§ 843.02) — fleeing, giving false info, going limp — is a first-degree misdemeanor. Resisting with violence (§ 843.01) — struggling, pushing, striking — is a third-degree felony.
The Governing Statute
Fla. Stat. § 843.02 — Resisting Officer Without Violence
"Whoever shall resist, obstruct, or oppose any officer … in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, [commits a misdemeanor]."
Read the full statute on Online Sunshine →
A crucial, often-overlooked element in both: the officer must have been engaged in the lawful execution of a legal duty. If the underlying stop or arrest was unlawful, that can be a complete defense.
The Penalties
Resisting — Statutory Penalties
Without violence (§ 843.02, first-degree misdemeanor): up to 1 year in jail.
With violence (§ 843.01, third-degree felony): up to 5 years in prison.
With violence (§ 843.01, third-degree felony): up to 5 years in prison.
What a Defense Attorney Looks For
- Whether the officer was acting lawfully — the required element that’s often missing.
- Whether "violence" truly occurred, which separates felony from misdemeanor.
- Whether the conduct was resistance or just noncompliance/confusion.
- Body-camera and witness evidence contradicting the report.
Frequently Asked Questions
Is resisting arrest a felony in Florida?
It depends. Resisting without violence (§ 843.02) is a first-degree misdemeanor. Resisting with violence (§ 843.01) — struggling, pushing, or striking an officer — is a third-degree felony.
Can I beat a resisting charge if the arrest was unlawful?
Potentially. Both resisting statutes require that the officer was engaged in the lawful execution of a legal duty. If the underlying stop or arrest was unlawful, that can be a complete defense, especially for resisting without violence.
Charged Under This Statute?
A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.
This page summarizes Fla. Stat. § 843.02 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.