Criminal Defense Over 12 Years' Experience Protecting Your Rights

Resisting Arrest Charges in Jacksonville

Understanding Florida’s Statute Chapter 843

Chapter 843 of the Florida Statutes addresses the charge of resisting arrest. Section 843.02 outlines resisting arrest without violence, which is very common charge in Florida. Many times, this charge is added to other criminal charges for minor acts of twisting an arm as the person is being handcuffed or even arguing.

The definition of resisting arrest without violence under Section 843.02 of the Florida Statutes consists of resisting, obstructing, or opposing any law enforcement or probation officer or other person authorized to execute process without offering or doing violence on such authorized officer. Resisting without violence is a 1st degree misdemeanor, punishable by up to one year in jail and up to $1,000.00 fine.

The State must prove several elements in order to convict the defendant at trial:

  • The defendant resisted;
  • While the officer was lawfully detaining the defendant; and
  • The defendant knew the person he or she resisted was an officer of the law.

Don't let an additional charge permanently affect your future. Call our Jacksonville criminal defense attorneys at (904) 615-8950 for aggressive representation.

Resisting Arrest without Violence

Under Florida Statute 843.02 however, the issue many times is whether the defendant’s actions rose to the level of resistance. Minor acts such as tensing the arms while being cuffed, refusing to obey the commands of the officer trying to effectuate an arrest, providing false identification or information, and even fleeing are sufficient to constitute resistance. Flight alone is not resistance. The defendant must have knowingly defied an officer’s command to stop during a lawful execution of a legal duty.

Sometimes, words alone may be sufficient to constitute obstructive conduct when coupled with three different scenarios. These scenarios include situations where the officer in question is serving process, legally detaining a person, or asking for assistance. Speak to our Jacksonville criminal defense lawyers today to discuss your charge.

If you are arrested for resisting arrest without violence, please be aware that there may be defenses available:

  • A crime of obstructing an officer without violence requires a showing that the officer was engaged in the lawful execution of a legal duty. Therefore, a defendant has a right to resist an arrest when the officer unlawfully detains or arrests the defendant without the requisite probable cause or reasonable suspicion.
  • The law also permits an individual to defend himself against unlawful or excessive force, even when being arrested. This is founded on the notion that a person should be able to use reasonable resistance to protect life and limb that cannot be repaired in the courtroom.
  • Any involuntary actions, such as unintentional reflexes, do not constitute resistance.
  • If the conduct of the defendant was purely verbal, some First Amendment free speech defenses may also be worth arguing.

Resisting Arrest with Violence

The second type of resisting arrest is with violence. This crime is covered under Florida Statutes, Section 843.01 which defines a person resisting with violence if he or she knowingly and willfully resists, obstructs, or opposes any law enforcement, probation officer, or other person authorized to execute process during the execution of legal process or duty by offering or doing violence to the person performing the arrest.

Just like in the case of resisting arrest without violence, the State must prove certain elements in order to convict someone of resisting arrest with violence:

  • The defendant must have resisted or opposed an officer while the officer was engaged in the execution of the legal process.
  • The officer must have had legal authority to execute the process.
  • The defendant used some sort of violence to obtain resistance.
  • The defendant must have known that the person resisted was an officer or other person legally authorized to execute process.

If the prosecution can establish these elements beyond a reasonable doubt, the defendant is guilty of a third degree felony. A third degree felony is punishable by imprisonment of up to five years and a fine of up to $5,000.00.

Similar defenses would apply as in resisting without violence cases. To discuss your case and how our Jacksonville criminal defense lawyers can help you, schedule your free consultation now.

Our Clients Share Their Experience

  • “To Thine own self be true, Thy will not mine:”

  • “Ms. Mesic was fantastic to work with!”

    Former Client
  • “She was there to comfort me during the deposition and everything went very well thanks for her help.”

  • “Kate is one of a kind! Her ethics, drive, expertise and support was impressive and reassuring to both my son and myself.”

  • “Job well done in a expedited and professional way”

    Excellent Fort Myers, FL
  • “My case was complicated and was not leaning towards my favor... I thank the lord for meeting Mrs. Mesic.”

    Former Client
  • “I highly recommend Kate Mesic and her staff for all you legal needs.”

  • “Kate and her team will get it done”

    Vicky Zelen Jacksonville, FL
  • “Amazing experience with Esq. Mesic and her staff”

  • “Thoughtful, Caring, and Timely”

    Former Client
  • “She delivered exactly what she set out to get and her compassion was very much appreciated!”

  • “I feel very fortunate to have found Kate Mesic when I was in such a desperate need of legal guidance.”

  • “I am extremely happy with the outcome & will always recommend her to people.”

    Former Client
  • “Best attorney in Jax”

    James Jacksonville, FL
  • “I am so pleased that Kate was my attorney who got me the best possible outcome I was hoping for!”

    Former Client

A Jacksonville Firm You Can Trust

Our attorneys will be your guides through this uncomfortable and stressful time. Fill out our secure online form or call (904) 615-8950 to get started.
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.