Resisting Arrest and Resisting an Officer in Miami

Resisting an officer without violence is among the misdemeanors booked most often at the Miami-Dade County jail, according to our Miami-Dade Arrest Trends page. Sometimes it's the add-on charge. Sometimes it's the only charge. Either way, it is a criminal charge that can follow you. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Resisting an Officer Without Violence

Florida makes it a crime to resist, obstruct, or oppose an officer (or certain other officials) who is in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the officer.

• Penalty: a first-degree misdemeanor.
• Who is covered includes law enforcement, correctional, and probation officers as the law defines them, county probation officers, parole and probation supervisors, FDLE personnel, members and certain staff of the Florida Commission on Offender Review, and other people legally authorized to execute process.

The Officer's Lawful Duty Is Part of the Charge

The statute's own words require that the officer be in the lawful execution of a legal duty (or executing legal process). That means the State has to show more than that you didn't cooperate. It has to show the officer was doing something the law allowed at that moment.

That is why the stop itself matters so much. Florida's stop-and-frisk law lets an officer temporarily detain someone only when the circumstances reasonably indicate that the person has committed, is committing, or is about to commit a crime, and only for as long as reasonably necessary. If there was no lawful basis to stop, detain, or arrest you, the "lawful execution of a legal duty" element is in play, and so is everything that came after. See Motions to Suppress.

Resisting an Officer With Violence

Resisting, obstructing, or opposing an officer by offering or doing violence to the officer is a third-degree felony. Doing the same to a police dog or police horse working with an officer is also a third-degree felony.

The statute requires that the person act knowingly and willfully. A 2026 law (effective June 16, 2026) rewrote this statute: it now refers to an officer engaged in the performance of his or her official duties, a different phrase from the misdemeanor statute's "lawful execution of any legal duty." What that change means in a particular case is a question for your lawyer, early.

A resisting-with-violence conviction has another consequence: since July 1, 2026, it counts as a prior that can make a future battery charge a felony. See Assault & Battery Charges.

You Can't Use Force to Resist an Arrest, Even One That Turns Out to Be Unlawful

Florida law says a person is not justified in using or threatening force to resist an arrest or detention by a law enforcement officer, or to resist an officer performing official duties, if the officer was acting in good faith and is known, or reasonably appears, to be a law enforcement officer.

Since June 16, 2026, the law defines "acting in good faith" as making sincere and reasonable efforts to comply with legal requirements, even if the arrest, detention, or other act is later found to have been unlawful.

In plain terms: the street is not the place to fight an unlawful arrest. The courtroom is. Stay calm, don't pull away, say you do not consent to any search, ask for a lawyer, and let us challenge the arrest afterward.

Related Charges That Often Come With Resisting

Resisting rarely shows up alone. It is commonly charged alongside:

• Battery or assault on a law enforcement officer, which raises a misdemeanor battery to a third-degree felony and can carry minimum prison terms. See Assault & Battery Charges.
• Giving a false name. A person who has been arrested or lawfully detained and gives a false name, or otherwise falsely identifies himself or herself, to an officer or jail staff commits a first-degree misdemeanor, or a third-degree felony if someone else is adversely affected by the use of his or her name.
• Fleeing or eluding. Willfully refusing to stop a vehicle when you know an officer has ordered you to stop, or willfully fleeing after stopping, is a separate felony, with more serious levels for a marked patrol car with lights and siren, high speed, and injuries, and a driver license revocation. This page doesn't cover it in depth; call us.
• The underlying charge, whether DUI, drugs, a weapon, or something else the officer was investigating.

Here is a pattern we see: the original reason for the stop falls apart, and the resisting charge is the only thing left. When that happens, the question becomes whether the officer was ever lawfully doing his or her job, and a resisting-without-violence charge can fall with the stop.

How We Defend Resisting Charges

• Was the stop, detention, or arrest lawful? For resisting without violence, the officer's lawful execution of a legal duty is part of the charge.
• What did you actually do? Words, questions, and a slow response are not the same as obstruction. Body-cam and bystander video often show a calmer scene than the report.
• Was there "violence"? The felony requires offering or doing violence to the officer. Whether flinching, tensing up, or falling meets that requirement is something we test against the video.
• Did you know it was an officer? Plainclothes officers, unmarked cars, and chaotic scenes matter.
• Knowing and willful. The felony requires it.
• Your record and your status. We work to keep a resisting charge from becoming a conviction that follows you, including for immigration and future charges.

Bond and Immigration

A resisting-with-violence or battery-on-an-officer charge can affect release, and the State may ask for conditions or detention. See Bond & Nebbia Hearings. For a noncitizen, any plea should be reviewed for immigration consequences first. See Immigration Consequences of Criminal Charges.

What to Do if You're Stopped or Arrested

1. Do not physically resist, pull away, or run, even if you believe the stop is wrong.
2. Keep your hands visible and stay calm.
3. Give your real name if you are arrested or detained. A false name is its own crime.
4. Say you want a lawyer and that you do not consent to a search. Then stop talking.
5. Afterward, write down what happened and who saw it, and call us.

Related Charges and Issues

• Motions to Suppress
• Assault & Battery Charges
• Gun & Weapons Charges
• Bond & Nebbia Hearings
• Immigration Consequences of Criminal Charges

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Is resisting without violence a felony?

No. Resisting without violence is a first-degree misdemeanor. Resisting with violence is a third-degree felony.

The officer had no reason to stop me. Can I still be convicted of resisting?

For resisting without violence, the statute requires the officer to be in the lawful execution of a legal duty, so an unlawful stop can be a defense. But Florida law also says you may not use or threaten force against a good-faith officer, even if the arrest is later found unlawful. Don't resist; fight it in court.

I just asked questions and didn't want to be searched. Is that resisting?

Asking questions and saying you do not consent to a search are not the same as physically obstructing an officer. What matters is what you actually did, and video often shows it.

Can resisting with violence affect a future case?

Yes. Since July 1, 2026, a prior resisting-with-violence conviction can make a later battery a felony.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.