Last updated December 2025
In Florida, resisting arrest can be charged in two very different ways:
Resisting Without Violence (RWOV)
Resisting With Violence (RWV)
The difference between the two can mean the difference between a misdemeanor and a felony, probation versus prison, and whether force by police becomes legally “justified.”
Unfortunately, these charges are frequently overused and misapplied, especially when arrests escalate quickly or body-worn camera footage tells a different story than the police report.
Here’s how Florida law distinguishes the two — and how these cases are defended.
⚖️ Resisting Without Violence (Fla. Stat. § 843.02)
Resisting without violence occurs when a person:
Obstructs, resists, or opposes
A law enforcement officer
Who is engaged in the lawful execution of a legal duty
Without using physical force or violence
Common Examples Police Cite
Pulling away while being handcuffed
Refusing to comply with verbal commands
Tensing arms
Turning away
Giving a false name
Walking away during questioning
Failing to follow instructions
Key point:
👉 Verbal opposition alone is not enough unless it actually obstructs a lawful duty.
RWOV is a first-degree misdemeanor, punishable by up to 1 year in jail and probation.
These cases often overlap with investigative stop and unlawful seizure issues.
For the governing statutes: 🔗 Florida Statutes § 843.02
⚖️ Resisting With Violence (Fla. Stat. § 843.01)
Resisting with violence is far more serious. It occurs when a person:
Knowingly and willfully
Uses or threatens violence
Against a law enforcement officer
During the lawful execution of a legal duty
Examples Alleged by Police
Pushing or striking an officer
Kicking during an arrest
Punching, elbowing, or head-butting
Grabbing an officer
Attempting to flee while using force
RWV is a third-degree felony, punishable by:
Up to 5 years in prison
Up to 5 years probation
$5,000 fine
RWV charges are frequently paired with battery on a law enforcement officer (BAT LEO) allegations.
For the governing statutes: 🔗 Florida Statutes § 843.01
🔄 Side-by-Side Comparison
| Issue | Without Violence (843.02) | With Violence (843.01) |
|---|---|---|
| Level | Misdemeanor | Felony |
| Force required | No | Yes |
| Jail exposure | Up to 1 year | Up to 5 years |
| Probation | Common | Common |
| Prison | Rare | Possible |
| Often overcharged? | Yes | Very often |
🚫 Lawful Execution of a Legal Duty (Critical Element)
Both charges require that the officer was acting lawfully.
If the stop, detention, or arrest was unlawful, you cannot legally be convicted of resisting — with or without violence.
This is where motion to suppress litigation becomes decisive.
Examples:
Illegal traffic stop
Unlawful detention
No reasonable suspicion
Arrest without probable cause
If the underlying police action was illegal, the resisting charge often collapses.
🛑 Police Overcharging: How RWOV Becomes RWV
In real cases, RWV is often filed when:
The officer loses balance
The suspect pulls away reflexively
Force is mutual during handcuffing
The officer escalates first
Bodycam contradicts the report
Police sometimes label defensive movements as “violence,” even when no strike occurred.
This mirrors the same overcharging pattern seen in BAT LEO and disorderly conduct cases.
🛡️ Defenses to Resisting Charges in Florida
At Michael White, P.A., we commonly raise:
✔ Unlawful Stop or Arrest
If the police action was illegal, resisting charges fail.
✔ No Violence
Tensing, pulling away, or reflexive movement ≠ violence.
✔ Self-Defense / Excessive Force
Florida law allows reasonable resistance to excessive or unlawful force.
✔ Body-Worn Camera Contradictions
Video often disproves alleged violence.
✔ Lack of Intent
RWV requires knowing, willful violence — not accidental contact.
✔ Officer Credibility Issues
Inconsistent statements are common and powerful impeachment tools.
🚨 Speak With a Fort Lauderdale Criminal Defense Lawyer Today
Resisting charges often hinge on split-second moments and subjective police narratives.
Early intervention — especially before formal filing — can mean the difference between dismissal, reduction, or a felony conviction.
Contact Michael White, P.A. today to protect your rights.
❓ FAQs — Resisting Arrest in Florida
1. Can I be charged for just arguing with police?
Not by itself. Words alone are usually not enough.
2. Is resisting with violence always a felony?
Yes. It is a third-degree felony.
3. Can resisting charges be dismissed?
Yes — especially if the stop or arrest was unlawful.
4. What if the officer used excessive force first?
You may raise self-defense against unlawful force.
5. Can RWV be reduced to RWOV?
Often yes, especially when video contradicts claims of violence.