RESISTING WITHOUT VIOLENCE/RESISTING WITH VIOLENCE

Resisting with or without violence usually occurs when a law enforcement officer decides to conduct a criminal investigation. In fact, most people do not realize that a resisting charge was added until later on in the criminal justice process. The reason is that the most minimal of actions that an officer perceives to be an obstruction to his investigation usually results in the additional charge of resisting without violence, which is a first degree misdemeanor. Examples of Resisting without Violence are fleeing from an officer or arguing with an officer during the course of his criminal investigation or arrest. However, if the officer subjectively believes that you got physical when he attempted to conduct an investigation or make an arrest, often times a charge of Resisting with Violence is added. Resisting with Violence is a third degree felony, punishable by up to five (5) years in Florida State Prison.

If you or a loved one has been arrested for a charge of resisting with or without violence, call Hager & Schwartz, P.A. today for a free consultation!

843.02 Resisting officer without violence to his or her person.--

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

843.01 Resisting officer with violence to his or her person.--

Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

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