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Resisting An Officer

Tampa Attorney Representation Since 1978

Resisting an officer is a crime that we see law enforcement charge individuals with frequently. Police officers come into contact with a number of citizens on any given day and sometimes they deem that contact criminal in nature. It is important to know that there are 2 different crimes that you can be charged with for resisting an officer. The first is resisting an officer with violence, charged under Florida Statute 843.01 (see A below) and the second is resisting an officer without violence, charged under Florida Statute 843.02. (see B below) While the two crimes sound very similar it is important to note the two big differences. The first difference is that resisting an officer with violence requires the State to prove an additional element of a violent act. The other difference between the crimes is found in the severity of the crimes. Resisting an officer without violence is a first degree misdemeanor punishable by a maximum sentence of a year in the county jail while resisting an officer with violence is a third degree felony punishable by a maximum of 5 years in the Florida State Prison.

A: 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.

B: 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.

Our Tampa Criminal Attorney Can Help Get Your Case Dismissed

When reading the statutes it is important to note that a key element that State most prove in either instance is that the officer was engaged in a legal process or legal duty. Often times the State has a difficult time proving this element and one of our skilled criminal defense attorneys may be able to get your case dismissed, if, after reviewing your case, we determine the State may not be able to prove all of the elements of the crime.

If you or a loved one has been charged with resisting an officer do not delay. Contact one of our experienced criminal law attorneys immediately to set up a free consultation with one of our skilled criminal law attorneys.