Broward County Resisting Arrest Without Violence Lawyer

Let Our Lawyer Protect Your Rights With a Strategic Defense Against Resisting Arrest Charges

You pull away when an officer grabs your arm. You hesitate when told to put your hands behind your back. Or you question an officer's instructions during a tense encounter, only to find yourself in handcuffs. Suddenly, you're accused of resisting arrest without violence, even though you never struck or threatened anyone.

Florida law allows prosecutors to pursue resisting charges when someone unlawfully obstructs an officer performing official duties. These allegations often involve disputed commands, rapidly unfolding encounters, and different accounts of what happened. A misdemeanor charge may seem minor compared to a felony, but a conviction can still carry jail time and create a criminal record.

At the Law Offices of Dave L. Simmons, P.A., Broward County resisting arrest defense attorney Dave Simmons understands how quickly a police encounter can become a criminal case. Having served as both an Assistant State Attorney and Assistant Public Defender in Broward County, he examines the legality of police conduct, reviews available evidence, and develops strategic defenses tailored to each client's circumstances.

What Is Resisting Arrest Without Violence Under Florida Law?

Under Florida Statute 843.02, resisting an officer without violence occurs when someone resists, obstructs, or opposes an officer or another legally authorized person who is executing legal process or lawfully performing an official duty, without using or threatening violence against that person.

The law extends beyond physically resisting an arrest. Someone may face charges for interfering with an officer during a lawful investigation, detention, or other official duty.

However, disagreeing with an officer does not automatically constitute a crime. The circumstances matter, including whether the officer was performing a lawful duty and whether the accused person's conduct actually obstructed that duty.

Actions That Can Lead to Resisting Without Violence Charges

Resisting without violence allegations may arise from conduct such as:

• Pulling away from an officer. Physically withdrawing your arms or body while an officer attempts to conduct a lawful arrest may support a resisting charge.
• Refusing to cooperate with handcuffing. Deliberately preventing an officer from applying handcuffs during a lawful detention or arrest may be considered resistance.
• Running from law enforcement. Fleeing from an officer attempting a lawful detention or arrest may result in charges, depending on the circumstances.
• Physically interfering with an investigation. Blocking an officer's movements or preventing the officer from carrying out a lawful duty may constitute obstruction.
• Refusing lawful commands. Deliberately disobeying instructions in a way that obstructs an officer's lawful duties may support prosecution. However, not every refusal or disagreement is criminal.

A person's words and actions, as well as the legality of the officer's conduct, must be considered together. Video footage and witness accounts may provide important context that is missing from the arrest report.

What Is the Difference Between Resisting Arrest With and Without Violence?

Florida distinguishes between resisting an officer without violence under Statute 843.02 and resisting an officer with violence under Statute 843.01.

Resisting without violence generally involves obstructing or opposing an officer without offering or inflicting violence. Resisting with violence involves knowingly and willfully resisting, obstructing, or opposing an officer or another covered person by offering or using violence against that person.

For example, pulling your arm away while an officer attempts to handcuff you may support a resisting without violence allegation. Striking an officer during the encounter may support a resisting with violence charge.

The distinction matters because resisting without violence is a misdemeanor, while resisting with violence is a felony. Disputed allegations about physical contact or threats can therefore affect the severity of the case.

Penalties for Resisting Arrest Without Violence in Florida

Resisting an officer without violence is a first-degree misdemeanor under Florida law. A conviction can result in:

• Up to one year in county jail. Incarceration is possible, although a jail sentence is not mandatory for every conviction.
• A fine of up to $1,000. The court may impose financial penalties in addition to other sentencing conditions.
• Probation. Depending on the case, the court may order probation with requirements such as reporting, community service, or other conditions.
• A criminal record. A conviction may appear on background checks and affect employment, professional licensing, and other opportunities.

If prosecutors charge resisting an officer with violence instead, the offense is generally a third-degree felony punishable by up to five years in prison and a $5,000 fine.

The potential sentence depends on the specific charge, criminal history, and other circumstances. Our Fort Lauderdale resisting arrest without violence lawyer can evaluate the allegations and explain the sentencing exposure in your case.

What Defenses Can Be Used Against Resisting Arrest Without Violence Charges?

A police officer's account is not automatically the final word. The State must establish that the alleged resistance occurred while the officer or other covered person was lawfully performing an official duty.

Attorney Dave Simmons examines the circumstances surrounding the encounter to determine whether the evidence supports the charge and what defenses may apply. Depending on the facts, his strategic defense may include:

• The officer was not performing a lawful duty. Florida law requires the officer to be engaged in the lawful execution of a legal duty. If the officer lacked legal authority to detain or arrest you, that may provide grounds to challenge the resisting charge. Dave examines whether the officer had reasonable suspicion, probable cause, or another lawful basis for the action being taken.
• Your conduct did not constitute criminal resistance. Not every refusal, delay, or disagreement amounts to resisting an officer. Asking questions, verbally criticizing police, or declining a voluntary request generally does not establish criminal obstruction by itself. Dave evaluates whether your actions actually interfered with the officer's lawful duties.
• Your actions were involuntary or misunderstood. Losing your balance, reacting instinctively to pain, or being physically unable to follow an instruction may appear to be resistance. Medical records, body-camera footage, and witness statements may help establish that your actions were not deliberate attempts to obstruct an officer.
• Inconsistent police reports or insufficient evidence. Officers may remember a fast-moving encounter differently, and written reports do not always capture everything that happened. Dave compares arrest affidavits with body-camera recordings, dispatch logs, and witness statements to identify inconsistencies or missing evidence that may weaken the prosecution's case.
• Constitutional violations. Law enforcement officers must respect your constitutional rights during investigations and arrests. Unlawful detentions, arrests without probable cause, improper searches, coerced statements, or violations of your right to counsel may provide grounds to challenge certain evidence. Depending on the circumstances, Dave may seek to suppress evidence obtained through unconstitutional police conduct.

The appropriate defense depends on the circumstances of your arrest and the evidence available. By examining the officer's actions, reviewing witness accounts, and identifying weaknesses in the allegations, Dave works to challenge the charges and pursue an appropriate resolution.

How Can a Fort Lauderdale Resisting Arrest Lawyer Protect You?

Resisting arrest cases often depend on details that can be overlooked during the initial police investigation. The officer's reason for stopping you, the instructions given, the timing of your response, and the availability of video evidence may all affect the defense.

Attorney Dave Simmons reviews the circumstances of the encounter and works to identify legal issues before the case advances.

Pre-File Intervention Before Formal Charges Are Filed

An arrest does not necessarily mean prosecutors will file a criminal case. The Broward County State Attorney's Office reviews the allegations and available evidence before making a formal charging decision.

As a former Broward County prosecutor, Dave understands this process and the importance of presenting relevant defense evidence early.

Depending on the circumstances, pre-file intervention may involve:

• Reviewing the arrest affidavit. Examining whether the allegations establish lawful police conduct and conduct that could constitute resistance.
• Preserving body-camera footage. Seeking available recordings that may show what officers said, how you responded, and whether the encounter occurred as described.
• Identifying witnesses. Locating people who observed the incident and may provide information that differs from the police report.
• Presenting defense evidence. When appropriate, providing prosecutors with information that may support a decision not to file charges.

Early intervention does not guarantee that prosecutors will decline a case. However, it may allow the State to consider information that was not included in the original arrest report.

Challenging the Officer's Version of Events

Body-camera footage can be especially important in resisting arrest cases because the allegations often center on a direct interaction between the accused and law enforcement.

Dave may compare the footage with written reports, review the officer's commands, and examine whether the encounter supports the charge. Discrepancies may become important during negotiations or a trial.

Pursuing Diversion or Other Available Resolutions

Some first-time defendants may qualify for a pretrial diversion program through the Broward County State Attorney's Office. These programs may require community service, classes, supervision, or other conditions.

Successful completion of an applicable diversion program can result in dismissal of the charges. Eligibility depends on the offense, criminal history, prosecutorial approval, and program requirements.

When diversion is unavailable or inappropriate, Dave evaluates other potential resolutions while preparing to challenge the case when necessary.

Can a Resisting Arrest Without Violence Record Be Sealed or Expunged in Florida?

An arrest for resisting an officer without violence can remain on your criminal record even if the charges are eventually dismissed. That record may appear during background checks for employment, housing, or professional licensing. Fortunately, Florida offers two ways to restrict access to certain criminal records: sealing and expungement.

Whether you qualify depends on how your case was resolved, your criminal history, and other requirements under Florida law.

What's the Difference Between Sealing and Expungement?

Although both procedures can help protect your criminal record from public view, they work differently:

• Record sealing. Sealing makes an eligible criminal record confidential rather than erasing it. The general public cannot access the sealed record, although certain government agencies and authorized entities may still obtain the information.
• Record expungement. Expungement generally requires agencies to destroy eligible criminal history records, with limited exceptions for agencies such as the Florida Department of Law Enforcement (FDLE).

Both procedures can prevent eligible records from appearing on standard public background checks. In many circumstances, you may also legally deny that the arrest occurred, although Florida law requires disclosure in certain situations.

When Can a Resisting Arrest Without Violence Record Be Sealed?

If you received a withhold of adjudication rather than a formal conviction, you may qualify to have your resisting arrest record sealed under Florida Statute 943.059.

Before applying, you generally must complete any required probation, community service, or other court supervision. You must also meet Florida's eligibility requirements, including restrictions related to prior criminal convictions and prior sealing or expungement orders.

A formal conviction, also called an adjudication of guilt, generally prevents sealing under Florida's standard court-ordered process.

When Can a Resisting Arrest Without Violence Record Be Expunged?

If prosecutors declined to file charges, the State dropped the case, or a judge dismissed the allegations, you may qualify for expungement under Florida Statute 943.0585.

Expungement may also be available when a diversion program results in dismissal of the charges. However, eligibility is not automatic, and the circumstances of your case must satisfy Florida's statutory requirements.

Why Choose the Law Offices of Dave L. Simmons, P.A.?

Broward County clients choose Dave Simmons for direct, personal representation from an attorney who has tried cases on both sides of the 17th Judicial Circuit courtroom — and who limits his practice exclusively to Broward County.

• Avvo 10.0 Superb Rating — Avvo's highest designation
• Justia 10.0 Rating — perfect score on one of the nation's leading legal directories
• Martindale-Hubbell AV Preeminent® Rating — the highest peer review distinction in the legal profession, reflecting the assessment of fellow attorneys and members of the judiciary for both ethical standards and legal ability.
• 200+ five-star client reviews
• Exclusive Broward County practice
• Supported by a legal team — Dave handles your case personally — not a paralegal or associate
• Extensive court room and trial experience
• Regular appearances before Broward County Court Judges

Dave's primary goal is the dismissal or reduction of the charges against you. He will develop a defense strategy tailored to your specific facts — whether you're facing a misdemeanor resisting without violence charge or additional criminal allegations.

Talk to a Broward County Resisting Arrest Defense Lawyer Today

A resisting arrest charge can leave you feeling that your side of the encounter has been ignored. At the Law Offices of Dave L. Simmons, P.A., attorney Dave Simmons defends clients accused of resisting arrest without violence throughout Fort Lauderdale, Hollywood, Davie, Plantation, Pembroke Pines, Coral Springs, Deerfield Beach, Coconut Creek, Lauderhill, Hillsboro Beach, and surrounding Broward County communities. Call 954-765-3540 for a free, confidential case evaluation directly with Dave L. Simmons.