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Resisting Arrest Defense in Fort Lauderdale: With & Without Violence

Last updated October 2025

Resisting arrest charges in Fort Lauderdale can arise from almost any police encounter — even when you never struck or threatened an officer.
Florida law makes a sharp distinction between “resisting without violence” (§843.02), a misdemeanor, and “resisting with violence” (§843.01), a felony.

Understanding the difference — and how police reports exaggerate resistance — is key to your defense.

⚖️ The Law: Two Separate Crimes

Under Florida Statute §843.02, resisting without violence means obstructing an officer’s lawful duties through words or actions — such as pulling away, refusing commands, or questioning an arrest.
Under §843.01, resisting with violence adds an intentional act of force or threat toward an officer during the arrest.

The problem? Officers often overcharge cases that don’t involve real violence at all.
Learn more directly from the statute: Florida Statute §843.02 – Resisting Officer Without Violence

🧠 Common Scenarios in Broward County

  • Struggling while being handcuffed during a chaotic arrest;

  • Questioning officers’ authority during a disorderly conduct arrest;

  • Backing away or protecting yourself during an unlawful arrest;

  • Verbal noncompliance mistaken for “resistance.”

Video evidence — especially from bodycams — often shows the accused was confused or frightened, not violent.

⚔️ Defense Strategies That Work

A Fort Lauderdale criminal defense attorney will focus on proving one of three things:

  1. The arrest itself was unlawful – Resistance to an unlawful arrest is not a crime under Florida law.

  2. Lack of intent – Reflexive movement, panic, or confusion aren’t “intentional obstruction.”

  3. No violence or threat occurred – Even minor physical contact doesn’t equal violence unless clearly intended to harm.

If officers violated your rights, your lawyer can file a motion to dismiss or suppress — often ending the case before trial.

🏛️ Broward Court Handling

All resisting arrest charges in Broward County are heard at the Broward County Central Courthouse in downtown Fort Lauderdale.
Local attorneys familiar with the misdemeanor and felony divisions know when to push for pretrial diversion or reduction to lesser counts.

For more on local defense practice, see Hire Broward Criminal Defense Attorney.

❓ FAQs on Resisting Arrest in Fort Lauderdale: Rights & Defenses

1) What’s the difference between resisting with and without violence?

Resisting without violence (§843.02) is verbal or physical noncompliance; resisting with violence (§843.01) involves force or threats against an officer.

2) Can I resist an unlawful arrest?

Yes. Florida law allows reasonable resistance if the officer’s actions were unlawful or unconstitutional.

3) Is resisting without violence a serious charge?

It’s a first-degree misdemeanor punishable by up to one year in jail, but most cases are resolved with dismissal, diversion, or withhold of adjudication.

4) Can video evidence help my defense?

Absolutely. Bodycam footage often shows nonviolent, reflexive movement — not intentional resistance.

5) Can I expunge a resisting arrest charge?

If your case is dismissed or adjudication is withheld, you may qualify to seal or expunge the record under Florida law

📣 Charged with Resisting Arrest in Fort Lauderdale?

Don’t let an exaggerated report become a permanent record.
📞 Call Michael White, P.A. at (954) 270-0769 or request a free consultation today.

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