Last updated November 2025
π¨ Charged With Resisting Arrest — Even Though You Didn't Fight Back?
In Florida, you can be charged with resisting arrest even if you never touched the officer. If you hesitated, pulled away, or just didnβt respond fast enough, prosecutors may still file charges for resisting without violence β a crime that carries real penalties and a permanent record.
That’s why you need an experienced resisting without violence defense attorney in Florida β someone who knows how to challenge vague accusations and protect your future.
At Michael White, P.A., we defend clients charged with resisting across Broward County and South Florida. As a former prosecutor, I know when this charge is used as a “cover” for bad arrests β and how to expose that in court.
βοΈ Florida’s Law on Resisting Without Violence
Under Florida Statute § 843.02, it is a first-degree misdemeanor to:
“Resist, obstruct, or oppose any officer… in the lawful execution of any legal duty” β without violence.
That means you can be arrested and charged for:
Pulling your arm away during handcuffing
Refusing verbal commands
Questioning officers at a scene
Freezing or acting nervous
Arguing with officers — even calmly
You don’t have to fight back to face criminal charges.
π‘οΈ How a Florida Defense Lawyer Challenges This Charge
We use your body cam footage, witnesses, and Fourth Amendment protections to fight the charge:
πΉ Prove the officer’s commands were unlawful or unreasonable
πΉ Show your behavior was non-obstructive or misinterpreted
πΉ Challenge whether the underlying detention or stop was legal
πΉ File motions to suppress and dismiss based on misconduct or bad reports
πΉ Argue for diversion or withhold to protect your record
β Why Clients Hire Michael White
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Former Florida prosecutor with real-world courtroom insight
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Strategic focus on motion practice and dismissal
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Trusted by students, working professionals, and first-time offenders
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Personalized defense from day one
π Charged With Resisting Without Violence? It’s Still a Crime.
Even if it wasn’t physical — the consequences are real. We can help.
π² Call (954) 270-0769 or schedule your free consultation
β Frequently Asked Questions
π§βοΈ Is resisting without violence a misdemeanor or felony?
It’s a first-degree misdemeanor punishable by up to one year in jail and a permanent criminal record.
π Can I be charged for just questioning the officer?
Yes — but we often get those cases dismissed. Free speech is not a crime, and officers overcharge this all the time.
βοΈ What if I froze or didn’t respond quickly?
That’s not enough for a conviction. We challenge the officer’s perception and use body cam footage to disprove obstruction.
π¨ Can this be sealed or expunged?
Only if you are not convicted. That’s why a dismissal, diversion, or withhold of adjudication is critical.
π Is this charge often used when nothing else sticks?
Yes — it’s frequently added to “justify” questionable stops or arrests. We use that to your advantage in court.