Last updated November 2025
If you were arrested for resisting or obstruction in Broward County, you need a resisting and obstruction lawyer in Fort Lauderdale who understands how these cases are built — and how to get them dismissed. Many cases come from chaotic scenes, confusing commands, or officers escalating a situation that should have stayed minor. But an obstruction conviction can still leave you with a criminal record, probation, and serious long-term consequences.
At Michael White, P.A., we defend clients across Broward County in all obstruction-related charges, including resisting without violence, resisting with violence, providing false information, obstructing an investigation, tampering with evidence, and fleeing or attempting to elude.
If you were arrested or accused of obstruction, you have options—and a strong defense may be available.
⚖️ What a Resisting and Obstruction Lawyer in Fort Lauderdale Wants You to Know
Under Chapter 843, Florida Statutes, “obstruction” is an umbrella term that covers several different offenses. Some are misdemeanors; others are felonies.
The most common obstruction charge is Resisting Without Violence under §843.02—when someone allegedly obstructs, interferes, or opposes an officer in the execution of a legal duty.
Other obstruction-type charges include:
🚓 Resisting With Violence – §843.01
🪪 Providing false information or name to law enforcement – §901.36
🧾 Refusing lawful commands during a lawful detention
🗑️ Tampering with or destroying evidence – §918.13
🚘 Fleeing or attempting to elude – §316.1935
A key issue in these cases is what the officer was actually doing and what you were told to do. If there was no lawful basis for the stop—or the command was never clear—obstruction can be very hard for the State to prove.
📂 Common Obstruction Charges We Handle
🚔 Resisting Without Violence – §843.02
A first-degree misdemeanor, often added during traffic stops, pedestrian stops, and domestic disturbance calls. These charges are routinely overused when a person is confused, scared, or simply asking questions.
🛡️ Resisting With Violence – §843.01
A third-degree felony. Prosecutors must prove that a person intentionally offered or used violence to resist an officer. Many cases involve reflexive or defensive movements, not deliberate attacks.
📝 Providing False Name or Info – §901.36
This can be a misdemeanor or felony depending on whether the false information obstructs an investigation. In real life, charges are often filed when someone panics and gives a nickname or wrong spelling—not because they are hiding from a serious warrant.
🍾 Obstruction During DUI or Crash Investigations
Officers often add resisting or obstruction to DUI or crash cases when a person hesitates to perform roadside exercises or questions the officer’s instructions.
Learn more: Fort Lauderdale’s Top DUI Lawyer
🏠 Obstruction During Domestic Violence Calls
When emotions are high, officers sometimes react to raised voices or movement in a home by stacking on obstruction charges.
Related reading: Fort Lauderdale Domestic Violence Lawyer
🧪 Tampering With Evidence – §918.13
Tampering is a felony usually charged when someone discards or hides a small item, such as cannabis, powder, or paraphernalia. The law requires proof that you intended to impair the investigation—not that you made a brief reflexive movement.
🚨 What Happens After an Obstruction Arrest?
After an obstruction or resisting arrest in Broward County, you may experience:
A night at the Broward County Jail and a First Appearance hearing
Multiple charges arising from the same incident (DUI + resisting, DV + resisting, etc.)
Reports that heavily favor the officer’s version of events
Immediate pressure to “just plead it out” because it’s “only a misdemeanor”
One of the biggest mistakes people make is trying to explain everything to police afterward or giving written statements. Anything you say can be used against you—and usually is.
Let your lawyer handle communication with law enforcement and the State Attorney’s Office.
🛡️ How We Defend Resisting & Obstruction Charges
Our defense strategy depends on the statute charged, the officer’s conduct, and the body-worn camera footage. Common defenses include:
1️⃣ Officer Was Not Engaged in a Lawful Duty
If the officer had no legal basis to stop or detain you, obstruction and resisting charges often fall apart. An unlawful stop cannot be “lawfully” resisted.
2️⃣ Confusing or No Clear Commands
Obstruction requires that you knowingly opposed the officer. If commands were shouted over each other, unclear, or never given, the State struggles to prove the case.
3️⃣ Reflexive or Defensive Movements
In resisting-with-violence cases, body-cam often shows someone instinctively pulling away from tight grips or reacting to sudden force—not attacking anyone.
4️⃣ First Amendment-Protected Conduct
Being upset, raising your voice, or filming the police is not obstruction. Verbal criticism is protected speech.
5️⃣ No Physical Interference
Simply being present, asking questions, or refusing to consent to a search is not obstruction.
6️⃣ Officer Overreaction and Report Inflation
We carefully compare the probable cause affidavit with body-worn camera. When officers exaggerate resistance or skip crucial details, it creates powerful impeachment at motion hearings or trial.
When appropriate, we push for:
Early dismissals
Dropped enhancement charges (e.g., dropping resisting with violence to without violence)
Diversion or withhold of adjudication to keep your record as clean as possible
📉 Penalties for Obstruction in Florida
Resisting Without Violence – §843.02 (Misdemeanor):
Up to 1 year in county jail
Up to 12 months of probation
Up to $1,000 fine
Criminal record unless dismissed or sealed/expunged
Resisting With Violence – §843.01 (Felony):
Up to 5 years in Florida State Prison
Up to 5 years probation
Up to $5,000 fine
False Name / False Info – §901.36:
Misdemeanor or felony depending on whether the false info hinders an investigation
Tampering With Evidence – §918.13:
Third-degree felony, up to 5 years in prison—even with small amounts of contraband
A skilled resisting and obstruction lawyer in Fort Lauderdale can often negotiate dismissals or reductions based on body-cam discrepancies.
⭐ Why Choose Michael White, P.A. for Obstruction Defense?
✅ Former prosecutor who handled resisting and obstruction cases from the State’s side
✅ Deep experience reviewing body-cam and exposing inconsistencies
✅ Knowledge of how Broward judges and prosecutors view these charges
✅ Personalized defense focused on keeping your record clean
Whether your case started as a DUI stop, domestic call, or street encounter, we work to protect your freedom, employment, and future.
Contact our office to speak with a resisting and obstruction lawyer in Fort Lauderdale today.
📞 Call (954) 270-0769 today or contact us online for a free consultation about your resisting or obstruction case in Fort Lauderdale or anywhere in Broward County.
🔗 Related Practice Areas
❓ FAQ: Resisting & Obstruction in Florida
1. Can you be charged with obstruction without touching the officer?
Yes. Most resisting or obstruction cases involve no physical contact at all and are charged under §843.02 (resisting without violence). These cases usually depend on whether the officer issued a clear, lawful command.
2. Is walking away from police considered obstruction in Florida?
Not automatically. Walking away is only a crime if:
The officer had a lawful reason to detain you and
Gave a clear, lawful order to stop.
If the stop was unlawful or the commands were unclear, we can often get the charge dismissed.
3. Is yelling, cursing, or being upset obstruction?
No. Florida law and the First Amendment protect verbal criticism and emotional reactions. Obstruction requires physical interference or refusing clear commands during a lawful duty.
4. What if the officer escalated the situation or used force first?
Obstruction and resisting charges are often dismissed when body-worn camera shows an officer escalating unnecessarily, giving conflicting commands, or acting outside a lawful duty. Officer conduct is a major factor in defending these cases.
5. Can obstruction or resisting charges be dropped or dismissed?
Obstruction and resisting charges are often dismissed when body-worn camera shows an officer escalating unnecessarily, giving conflicting commands, or acting outside a lawful duty. Officer conduct is a major factor in defending these cases.