Being charged with resisting arrest can be a frightening and confusing experience. Whether you believe you were wrongly accused or simply did not understand the officer’s instructions, a resisting arrest charge can carry serious penalties, including jail time, fines, and a permanent criminal record. At Doran Foxman Sims Wolfe & Yoon, our criminal defense law firm—led by former Florida Circuit Judge and prosecutor Attorney Matthew Foxman—is here to help you understand your rights and fight the charges with confidence and clarity.
As a premier Daytona Beach criminal defense lawyer, Attorney Foxman brings decades of experience to your case. He understands the legal system inside and out and is prepared to aggressively and strategically protect your rights.
Is Resisting Arrest a Felony or Misdemeanor in Florida
In Florida, resisting arrest can be charged as either a misdemeanor or a felony, depending on the circumstances. These offenses occur when someone interferes with, obstructs, or resists a law enforcement officer while they are performing a lawful duty.
The two main types are defined under Florida law:
- Resisting an Officer Without Violence (Florida Statute § 843.02)
- Resisting an Officer With Violence (Florida Statute § 843.01).
Resisting without violence—such as refusing to follow commands, tensing up during handcuffing, or verbally arguing with police—is typically a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. On the other hand, if physical force is used against the officer—even something as minimal as pulling away or minor contact—it can be charged as resisting with violence, a third-degree felony carrying up to five years in prison and a $5,000 fine.
The distinction between these two charges plays a major role in the severity of penalties and potential defense tactics. The experienced attorneys at Doran Foxman Sims Wolfe & Yoon, including former judge and prosecutor Matthew Foxman, can assess your case and fight to have charges reduced or dismissed whenever possible.
Punishment for Resisting Arrest in Florida
The punishment for resisting arrest can vary depending on your criminal history, the actions involved, and whether violence occurred. Even first-time offenders can face severe penalties if the prosecution pursues the case aggressively.
Potential Consequences Include:
- Jail or prison time
- Probation or community control
- Fines and court costs
- A permanent criminal record
- Mandatory anger management or counseling
- Loss of professional licensing
- Immigration consequences for non-citizens
Our team understands the high stakes and builds a customized legal strategy to minimize or eliminate the consequences. Attorney Foxman evaluates all available options, including pre-trial diversion and dismissal motions, as well as jury trial defense.
What Actions Can result in a Resisting Arrest Charge?
Florida law enforcement can charge you with resisting arrest in a wide range of situations, including:
- Pulling your arms away when being handcuffed
- Verbally refusing to comply with commands
- Walking away or fleeing from a lawful detention
- Physically struggling or pushing during an arrest
- Resisting a wrongful arrest with or without violence
Even nonviolent resistance—like asking too many questions, filming the incident, or tensing up during a pat-down—can lead to charges if it interferes with a police encounter. That is why knowing your rights and having the right attorney for wrongful arrest is critical.
Legal Defenses to Resisting Arrest
Being charged with resisting arrest does not mean you are automatically guilty; however, it is essential to understand the legal implications of this charge. Several strong legal defenses may apply, depending on the facts of your case. One of the most common defenses is that the arrest was unlawful, meaning the officer lacked probable cause or legal authority to detain or arrest you. In such cases, you may have had a legal right to resist. Another possible defense is self-defense, particularly if the officer used excessive or unnecessary force. Florida law permits individuals to protect themselves—even against law enforcement—if the force used was not lawful.
Additionally, the state must prove that you had the intent to resist, so if your actions were a result of confusion, fear, or a language barrier, that may negate criminal intent. In many cases, lack of evidence, conflicting witness statements, or incomplete police reports can also provide grounds for dismissal or acquittal. Attorney Matthew Foxman leverages his experience to identify these weaknesses and construct a compelling defense.
How to Find a Criminal Attorney You Can Trust
When researching how to find a criminal attorney, look for qualifications that go beyond advertising slogans. The right law firm will have courtroom experience, positive reviews, and the ability to explain your options clearly.
Ask the following:
- Have they handled resisting arrest charges before?
- Are they familiar with the local judges and prosecutors?
- Do they offer a free criminal lawyer consultation to review your case?
- Are they transparent about outcomes and strategies?
- Do they make you feel confident and heard?
Why Choose Attorney Matthew Foxman?
Attorney Foxman offers personalized representation through case analysis, and a commitment to securing the best outcome possible.
Here’s what sets Attorney Foxman apart:
- Former Circuit Court Judge and former State Prosecutor
- Decades of legal experience on both sides of the courtroom
- Has presided over and prosecuted thousands of criminal cases
- 24/7 availability for emergencies
- Deep knowledge of Florida criminal defense law and procedures
- Aggressive courtroom tactics and compassionate client care
He is not just the criminal defense lawyer in Florida that residents turn to—he is the advocate you want when your freedom is at risk.
Criminal Law Advice You Can Rely On
At Doran Foxman Sims Wolfe & Yoon, we believe in tailored solutions, not one-size-fits-all approaches. Our firm is built on the idea that every client’s story matters. Whether you are facing a misdemeanor or a felony resisting arrest charge, we offer criminal law advice and representation backed by in-depth legal knowledge, real courtroom experience, and genuine compassion.
Contact Our Criminal Defense Law Firm in Daytona Beach Today
If you have been charged with resisting arrest—whether the situation involved violence, confusion, or wrongful targeting—do not wait. These charges can spiral quickly into life-altering consequences. Let Attorney Matthew Foxman step in and protect your future.
We serve clients across Volusia County, Flagler County, and the surrounding areas, and are available 24/7 to begin your defense immediately. Contact us today for a confidential criminal lawyer consultation at (386) 253-1111 or complete our online form, and take the first step toward defending your rights, restoring your freedom, and putting this case behind you.