Last updated November 2025
It’s one of the most misunderstood criminal charges in Florida — and also one of the most overused. If you’re arrested for resisting without violence, you may not even know what you did wrong. But under Florida law, you donโt have to fight, run, or yell to face this charge.
Here’s what it means, how it’s commonly used, and what you can do to fight back.
๐ Florida’s Legal Definition of Resisting Without Violence
Under Florida Statute § 843.02, resisting without violence occurs when:
“A person resists, obstructs, or opposes any officerโฆ in the lawful execution of any legal duty, without offering or doing violence.โ
That means any act that delays or interferes with a lawful police action can lead to this charge โ even passive behavior.
โExamples of Resisting Without Violence
Refusing to put your hands behind your back
Verbally objecting to arrest
Walking away from a lawful stop
Asking too many questions
Taking too long to comply
Not following orders “fast enough” during a heated moment
๐ก Important: This charge often appears when there is no other criminal conduct โ and itโs sometimes used to justify force or cover a bad arrest.
๐งพ Penalties for Resisting Without Violence in Florida
2nd-degree misdemeanor
Up to 60 days in jail
Up to 6 months probation
Up to $500 fine
Even though it’s a misdemeanor, it’s still a criminal charge โ and a conviction creates a permanent record.
๐ก๏ธ How We Defend Resisting Without Violence Charges
At Michael White, P.A., we know how vague this charge is — and how often it’s used in the absence of real criminal conduct.
๐น Unlawful Arrest
If the arrest was illegal or lacked probable cause, then your response may have been legally justified.
๐น No Willful Obstruction
We challenge whether your actions truly constituted obstruction or were simply misunderstanding, fear, or confusion.
๐น Body Cam Footage
We demand body camera or witness video to disprove exaggerated claims and document what actually happened.
๐น Dismissal Through Diversion
For first-time offenders, we often negotiate diversion or dismissal to protect your record.
โ Why Clients Hire Michael White
โ
Former prosecutor who understands how police reports are built — and how to tear them apart
โ
Skilled in early-stage negotiations and motions to dismiss
โ
Trusted by students, professionals, and community members accused of obstruction or resisting
โ
Aggressive courtroom advocate with a focus on clean records
What Constitutes Resisting Arrest Without Violence Under Florida Law
This is one of the most beatable charges — but only if you take it seriously.
โ Frequently Asked Questions
๐ฎ Can I be arrested for resisting without actually touching anyone?
Yes. Physical violence is not required. Even verbal resistance or failure to follow orders can result in this charge.
๐ Is resisting without violence a misdemeanor or a felony?
It’s a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
๐ Can resisting without violence be dropped?
Yes — especially when body cam footage or witness testimony contradicts the officer’s version of events.
๐ Will a resisting charge stay on my record?
If convicted, yes. But if your case is dismissed or resolved without adjudication, it may be eligible for sealing or expungement.
โ๏ธ Can I fight a resisting without violence charge in court?
Absolutely. These cases are highly fact-specific, and many can be dismissed or defeated at trial with the right strategy.