Can I be charged for resisting without touching the officer?

Yes. Passive resistance or verbal noncompliance — like pulling away or refusing to follow commands — can still result in charges, though many are defensible.

Do I need a lawyer if it’s just resisting without violence?

Absolutely. A misdemeanor resisting charge can affect your record, employment, and future. A lawyer can often get the charge dismissed or sealed.

Can resisting arrest be sealed or expunged?

If the case is dismissed or adjudication is withheld and the charge qualifies, you may be able to seal the record. A conviction cannot be sealed or expunged.

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🛑 Charged With Resisting Arrest in Fort Lauderdale? Know the Law

Last updated November 2025

🚔 A Resisting Charge Isn’t Just a Tag-Along — It’s a Crime

Many people charged with resisting arrest in Fort Lauderdale didn’t run, fight, or even raise their voice — and yet, they still ended up with a criminal charge. Under Florida law, resisting can mean something as simple as pulling your arm away or not answering questions fast enough.

Whether you’re facing a felony or misdemeanor resisting charge, you need a smart, strategic resisting arrest defense lawyer in Florida who knows how to challenge police assumptions and protect your rights.

At Michael White, P.A., we represent clients across Broward County and South Florida who were charged unfairly — or charged to justify an aggressive arrest. As a former prosecutor, I know how to tear these cases apart.

📋 What Is Resisting Arrest in Florida?

Under Florida Statute § 843.02, there are two types:

Resisting without violence (a first-degree misdemeanor)
Resisting with violence (a third-degree felony)

Common examples include:

Pulling away during handcuffing
Verbally refusing commands
Passive resistance or freezing up
Allegedly “tensing up” or interfering with an arrest

These charges often hinge on the officer’s word — not objective evidence.

🛡️ How a Resisting Arrest Defense Lawyer in Florida Fights Back

We evaluate the legality of the entire encounter:

🔹 Was there probable cause for the stop or arrest?
🔹 Was the officer’s order lawful to begin with?
🔹 Was there body cam or witness video to contradict the report?
🔹 Was the use of force excessive or retaliatory?
🔹 Did the charge arise to cover up misconduct?

We file motions to suppress, challenge credibility, and pursue dismissal early when possible.

✅ Why Clients Choose Michael White

✅ Former Florida prosecutor with law enforcement insight
✅ Deep experience with resisting and obstruction charges
✅ Aggressive suppression practice to exclude bad evidence
✅ Trusted advocate in Fort Lauderdale courts

📞 Charged With Resisting Arrest? Act Fast.

You’re not guilty just because a cop says you didn’t cooperate.

📲 Call (954) 270-0769 or schedule a free consultation

❓ Frequently Asked Questions

🧑‍⚖️ Is resisting arrest a felony in Florida?

It depends. Resisting without violence is a misdemeanor. Resisting with violence — even minor — is a felony.

⚖️ Can I be charged if I didn’t touch the officer?

Yes. Passive resistance or verbal noncompliance can still be charged — but may not stand up in court.

📄 Do I need a lawyer if it’s just a misdemeanor?

Absolutely. A misdemeanor conviction can still affect your record, job, and future. We fight to get these charges dropped.

🚨 What if the officer used excessive force?

We file motions to suppress, challenge credibility, and investigate body cam footage. Officer misconduct is a valid defense issue.

📉 Will this stay on my record?

If convicted, yes. But many resisting cases are dismissed or reduced — and may be eligible for sealing with the right outcome.