Resisting Arrest Without Violence in Florida, Florida Statute §843.02

In Florida, the crime of "Resisting Without Violence" is defined under Section 843.02 of the Florida Statutes. It occurs when an individual knowingly and willfully resists, obstructs, or opposes a law enforcement officer, probation officer, or other authorized personnel in the performance of their lawful duties, without using violence or offering any physical resistance.

Resisting Without Violence is a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000.00 fine.

To defend against a charge of Resisting Without Violence in Florida, several strategies can be employed, depending on the specific circumstances of the case. Here are some common defense approaches:

1. Lack of Knowledge or Intent: The defense may argue that the accused did not have knowledge that the person they were resisting was a law enforcement officer or authorized personnel. Additionally, they may assert that there was no intent to resist, obstruct, or oppose the officer's lawful duties.

2. Lawful Authority: If the law enforcement officer or authorized personnel did not have lawful authority to perform their duties at the time of the alleged resistance, it can be a defense. This defense may involve challenging the officer's actions or establishing that they exceeded their authority.

3. Unlawful Arrest or Detention: If the arrest or detention itself was unlawful, it can be a defense against a charge of Resisting Without Violence. This defense may involve demonstrating that the officer lacked probable cause or reasonable suspicion to make the arrest or that the accused was unlawfully detained.

4. Lack of Resistance: Resisting Without Violence requires an act of resistance, obstruction, or opposition. If the accused can show that they did not engage in any such behavior or that their actions did not rise to the level of resistance, it can be a defense.

5. Mistaken Identity: If there is evidence to suggest that the accused was mistaken for someone else or that they were not the person involved in the alleged resistance, it can be a defense.

6. Constitutional Rights Violation: If the accused's constitutional rights were violated during the encounter with law enforcement, such as an unlawful search or seizure, it can be a defense against the charge. This defense may involve challenging the admissibility of evidence obtained through unconstitutional means.

It is crucial to consult with an experienced criminal defense attorney who can assess the specific details of the case and determine the most appropriate defense strategy. They can analyze the evidence, evaluate the legality of the arrest or detention, and protect your rights throughout the legal process.

If you or a loved one has been charged with Resisting Without Violence or a related offense, we can help. We will gladly meet with you in our office in Fort Lauderdale or West Palm Beach. We serve clients all over Florida, with a focus in South Florida, including Miami-Dade County, Broward County, and Palm Beach County. Contact us now for your free consultation.