Last updated March 2026
If you were arrested for resisting arrest or obstruction in Florida, you may be facing one of the most commonly charged offenses arising from police encounters. In Broward County and across South Florida, officers frequently file resisting an officer without violence under Florida Statute §843.02, explained in detail in our post on Resisting Arrest Without Violence in Florida, when a street encounter, traffic stop, or investigation escalates.
These cases often begin with something simple — an officer asking questions, requesting identification, or issuing commands during a stop. When confusion, hesitation, or disagreement occurs, the encounter may quickly turn into an arrest for resisting without violence or another obstruction-related charge.
But under Florida law, resisting or obstruction charges only apply when the officer was engaged in the lawful execution of a legal duty. If the stop was unlawful, the commands were unclear, or the police report exaggerates what occurred, the charge may be challenged or dismissed.
At Michael White, P.A., we represent clients throughout Fort Lauderdale, Broward County, and South Florida who have been arrested for resisting arrest, obstruction, or related police-encounter offenses. As a former prosecutor, Michael White understands how these cases are investigated, how officers write their reports, and how to expose inconsistencies between the report and body-camera footage.
Defense for Resisting Without Violence and Police-Encounter Charges in Florida
Last updated March 2026
If you were arrested or accused of resisting arrest or obstruction in Fort Lauderdale or Broward County, you may be facing one of the most commonly misunderstood charges in Florida criminal law.
Many obstruction cases begin with routine police encounters — an officer asking questions, requesting identification, or issuing commands during a traffic stop or street investigation. When confusion, hesitation, or disagreement occurs, officers sometimes escalate the encounter and file a charge for resisting without violence or another obstruction-related offense.
These charges are frequently defensible, especially when the officer was not engaged in a lawful duty or when commands were unclear.
⚖️ What “Resisting” and “Obstruction” Mean Under Florida Law
Florida law treats “obstruction” as an umbrella concept covering offenses where someone allegedly interferes with a police officer performing official duties.
The most common charge in this category is Resisting an Officer Without Violence under Florida Statute §843.02.
To convict someone, prosecutors generally must prove two things:
• the officer was engaged in the lawful execution of a legal duty, and
• the person knowingly and intentionally resisted, obstructed, or opposed that duty.
If the officer was not acting lawfully, the obstruction charge often fails.
Many resisting cases collapse once body-worn camera footage shows what actually happened during the encounter.
🚓 Resisting Arrest Without Violence in Florida
Resisting without violence is one of the most commonly filed misdemeanor charges in Florida.
Police frequently file this charge when they believe someone interfered with an investigation or failed to immediately comply with commands during an encounter.
These cases often arise from:
• traffic stops
• DUI investigations
• pedestrian encounters
• domestic disturbance calls
• neighborhood complaints
For a detailed explanation of how prosecutors prove the charge and how these cases are defended, see our post on Resisting Arrest Without Violence in Florida.
🧱 How Obstruction Allegations Often Begin
In real life, obstruction accusations often arise from situations that escalate quickly.
Police reports frequently describe conduct such as:
• asking questions during an investigation
• hesitating to follow commands
• refusing consent searches
• pulling away when grabbed unexpectedly
• asserting legal rights during questioning
Because these encounters unfold quickly, the officer’s report may not match what appears on body-camera footage.
Careful review of video evidence is often central to defending obstruction cases.
🪪 When an ID Request Leads to an Obstruction Charge
Many resisting or obstruction arrests begin with a simple police request for identification.
However, not every police encounter requires a person to identify themselves.
The legal rules depend on the type of encounter involved — whether the officer is conducting a consensual encounter, a lawful detention, or a traffic stop.
If your case started with an identification issue, these guides explain the law in detail:
• see our post on Can Police Demand Your ID in Florida if You’re Not Driving?
• see our post on Can Police Run Your Name if You’re a Passenger in Florida?
• see our post on Refusing to Show ID in Florida
🚶 Walking Away From Police During a Consensual Encounter
Another common escalation point occurs when someone attempts to leave a police encounter.
In many situations, police interactions begin as consensual encounters, meaning the person is not legally required to stay or answer questions.
When someone attempts to disengage, officers sometimes interpret that decision as obstruction.
For a deeper explanation of when you may legally leave, see our post on Walking Away From Police in Florida.
📍 Refusing a Lawful Order
Police officers sometimes claim that a resisting charge resulted from someone “refusing a lawful order.”
But not every command issued by an officer is legally enforceable.
For a resisting charge to stand, prosecutors must usually show the officer issued a clear and lawful command connected to a legitimate police duty.
For more detail, see our post on Refusing a Lawful Order in Florida.
📝 Providing False Information to Police
Another charge that often accompanies obstruction allegations is providing false identifying information to law enforcement.
These cases frequently arise when someone:
• gives a nickname
• misspells a name
• panics during questioning
• misunderstands what the officer asked
For a conviction, prosecutors must usually show the false information actually hindered a lawful investigation.
For more information, see our post on Providing a False Name to Police in Florida.
🚦 Obstruction Allegations During Traffic Stops
Traffic stops are one of the most common environments where obstruction charges arise.
Officers sometimes accuse drivers or passengers of obstruction when they believe someone:
• delayed compliance
• questioned the stop
• refused consent searches
• disputed commands
But asking questions or declining consent does not automatically constitute obstruction.
For a deeper explanation of how these cases arise, see our post on Obstruction During Traffic Stops in Florida.
🧨 Resisting With Violence vs. Without Violence
This page focuses on resisting without violence and obstruction-related charges.
When prosecutors allege physical force against an officer, the case may be charged as resisting with violence, which is a felony and treated very differently under Florida law.
For a comparison of these two charges, see our post on Resisting Without Violence vs. Resisting With Violence in Florida.
🧾 Public Order Charges Sometimes Filed Alongside Obstruction
In real-world police encounters, officers sometimes add public order offenses when they believe someone created a disturbance or refused to comply during an investigation.
These charges are often filed alongside resisting allegations.
Examples include:
• see our post on Disorderly Conduct in Florida
• see our post on Disorderly Intoxication in Florida
• see our post on Loitering and Prowling in Florida
These charges frequently depend on whether there was an actual public disturbance or danger — not merely profanity, intoxication, or disagreement with police.
🛡️ Common Defenses to Resisting and Obstruction Charges
Every obstruction case depends on the specific facts of the encounter.
Common defenses include:
• the officer was not performing a lawful duty
• commands were unclear or contradictory
• conduct was reflexive or misunderstood
• speech or filming was protected by the First Amendment
• there was no actual interference with an investigation
• body-camera footage contradicts the police report
📉 Penalties for Resisting Without Violence in Florida
Resisting an officer without violence under §843.02 is a first-degree misdemeanor.
Potential penalties include:
• up to 1 year in county jail
• up to 12 months probation
• up to $1,000 in fines
• a criminal record unless the case is dismissed or resolved in a way that preserves eligibility for sealing or expungement
Because these charges often arise from fast-moving encounters, early legal intervention can make a significant difference.
📞 Speak With a Fort Lauderdale Resisting & Obstruction Lawyer
If you were arrested for resisting without violence or obstruction in Broward County, speaking with a defense attorney early can help protect your record and your rights.
Call (954) 270-0769 or contact our office online to speak with a Fort Lauderdale resisting arrest and obstruction defense lawyer today.