THIS IS A FELONY CHARGE — Up to 5 years in Florida State Prison
Resisting an officer with violence is a third-degree felony in Florida. It does not require a punch. It does not require a weapon. Pulling your arm away aggressively during an arrest, pushing back against an officer, or any physical contact that an officer characterizes as violent can result in this charge.
The difference between resisting without violence (a misdemeanor) and resisting with violence (a felony) often comes down to a single word in a police report. That word can mean the difference between a year in county jail and five years in state prison.
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer by offering or doing violence to the person of the officer commits a felony of the third degree.
Classification: Third-degree felony | Max prison: 5 years | Max fine: $5,000
Misdemeanor vs. Felony — The Stakes Are Drastically Different
| Without Violence (§ 843.02) | With Violence (§ 843.01) | |
|---|---|---|
| Classification | 1st Degree Misdemeanor | 3rd Degree Felony |
| Max Incarceration | 1 year (county jail) | 5 years (state prison) |
| Max Fine | $1,000 | $5,000 |
| Criminal Record | Misdemeanor record | Felony record (permanent) |
A felony conviction in Florida results in loss of voting rights (until restored), loss of firearm rights, and permanent felony record visible on all background checks.
Defense Strategies for Resisting With Violence
The critical defense in most cases: was the conduct actually violent? Reflexively pulling away, tensing up, or losing balance during a takedown is not the same as offering violence. Body camera footage often tells a different story than the officer’s report. Reducing the charge from a felony to a misdemeanor can be the difference between prison and probation.
If the underlying arrest was unlawful — no probable cause, no reasonable suspicion, an illegal stop — then the officer was not acting in the lawful execution of a legal duty, and the resisting charge fails as a matter of law.
When officers use excessive or unreasonable force during an arrest, a defendant’s physical response may be a natural reaction to pain or fear rather than willful resistance. Evidence of excessive force can undermine the State’s entire case.
Even when the evidence is difficult, an experienced attorney can often negotiate a reduction from felony resisting with violence to misdemeanor resisting without violence — removing the felony designation, the state prison exposure, and the lifelong consequences of a felony record.
As a former Miami-Dade Assistant State Attorney, Dennis Gonzalez Jr. has seen these cases from the prosecution side. He knows how officers describe force in their reports to justify felony charges — and he knows exactly how to challenge those descriptions with body camera evidence, witness testimony, and aggressive cross-examination. Call 24/7.
11401 SW 40 Street, Suite 250, Miami, FL 33165
¿Habla español? Llame al (305) 209-0384 • dgonz.com/consulta.html
This page is for general informational purposes only and does not constitute legal advice. Every case is different. Viewing this page does not create an attorney-client relationship.