Last updated February 2026
If you were arrested, detained, or accused of resisting or obstruction in Broward County, you need a resisting and obstruction lawyer in Fort Lauderdale who understands how these cases escalate — and how to get them dismissed. Many obstruction cases begin as minor police encounters involving ID requests, questioning, or confusion over commands, before officers improperly escalate the situation.
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 to Expect from a Fort Lauderdale Resisting and Obstruction Lawyer
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 Charges Commonly Filed Alongside Obstruction
In practice, officers often add or substitute related charges when a police encounter escalates. These include:
🚓 Resisting With Violence – §843.01
🪪 Providing false name or identifying information – §901.36
🗑️ Tampering with or destroying evidence – §918.13
🚘 Fleeing or attempting to elude – §316.1935
In addition, officers frequently rely on **disorderly conduct** or **disorderly intoxication** as fallback charges when they cannot justify a lawful detention or resisting arrest allegation.
🪪 Obstruction Charges That Begin With ID Requests
Many obstruction cases in Broward County begin with a simple police request for identification.
Officers may ask for ID during consensual encounters, traffic stops, or field interviews — but refusal to provide identification is not automatically a crime. Problems arise when police escalate an ID refusal into detention or arrest without a lawful basis.
Common escalation patterns include:
- Demanding ID during a consensual encounter
- Running a passenger’s name without individualized suspicion
- Extending a stop after ID is refused
- Claiming obstruction when a person asserts their rights
When an ID request or detention is unlawful, any obstruction charge that follows is often subject to dismissal or suppression.
📂 Common Obstruction Charges We Handle
🚔 Resisting Without Violence – §843.02
One of the most common obstruction-related charges is resisting arrest, which can be filed with or without violence depending on how police claim the encounter escalated. This charge is 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. Because this charge alleges the use or threat of force against law enforcement, it is prosecuted as a violent felony and defended differently than misdemeanor obstruction cases.
📝 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.
🏠 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.
🧪 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.
📂 Other Charges Commonly Filed Alongside Obstruction
In real-world police encounters, officers often add or substitute other charges when a situation escalates — especially if the legal basis for detention or arrest is weak. These charges are frequently used as fallbacks when obstruction or resisting allegations are uncertain.
Common examples include:
🚓 Disorderly Conduct
Police often rely on disorderly conduct during escalating encounters, particularly when speech, emotion, or non-violent behavior is mistaken for criminal interference. Courts routinely dismiss these cases when the alleged conduct is protected by the First Amendment or did not create a genuine public disturbance.
🍾 Disorderly Intoxication
Similarly, disorderly intoxication is frequently used to justify detention or removal from a scene, even though intoxication alone is not a crime under Florida law. These cases often collapse when there is no proof of danger or public disturbance.
🪪 Providing False Name or Identifying Information
Charges for providing false information are sometimes filed when a person panics or misspeaks during a police encounter. The State must prove the false information actually hindered a lawful investigation — not merely that an error occurred.
🗑️ Tampering With Evidence
Tampering charges are often based on reflexive or momentary conduct, such as discarding a small item. Florida law requires proof that the person intended to impair the investigation, not just that an object changed hands or location.
🚘 Fleeing or Attempting to Elude
In traffic encounters, officers may escalate a stop into a fleeing charge when a driver hesitates, misunderstands commands, or does not immediately stop. These cases frequently turn on whether the officer’s signals were clear and lawful.
When these charges arise from the same incident as an obstruction allegation, the legality of the initial stop, detention, or command often determines whether all charges survive.
🚨 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 Common Obstruction-Related Charges 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.