Resisting Arrest Defense In Lake County

Resisting Arrest Defense: Statutes & Strategies

Florida law separates resisting arrest into two distinct categories based on whether physical force was used. Both charges require that the officer was engaged in the lawful execution of a legal duty. If the initial stop or arrest was illegal, the resisting charge may not stand.

1. Resisting an Officer Without Violence (F.S. § 843.02)

This is one of the most commonly charged misdemeanors in Florida. It does not require physical fighting; it only requires that you "obstructed" or "opposed" the officer.

• Common Examples: Tensing your arms during handcuffing, providing a false name, running away, or refusing to sit down when ordered.

• The "Words Alone" Rule: Florida courts continue to hold that verbal protest alone is generally not enough for a conviction unless it physically impeded the officer's ability to perform their duty.

• Classification: 1st Degree Misdemeanor.

• Penalties: Up to 1 year in jail and a $1,000 fine.

2. Resisting an Officer With Violence (F.S. § 843.01)

This is a high-stakes felony charge. The State must prove you "knowingly and willfully" offered to do violence or committed a violent act against an officer.

• Common Examples: Pushing, striking, kicking, or struggling so forcefully that it endangers the officer.

• The "Unlawful Arrest" Trap: Unlike resisting without violence, Florida law (F.S. § 776.051) states you cannot use force to resist an arrest even if you believe the arrest is illegal.

• Classification: 3rd Degree Felony.

• Penalties: Up to 5 years in prison and a $5,000 fine.

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The "Body-Cam Audit"

Lake County judges and prosecutors are placing higher evidentiary weight on body-worn camera (BWC) footage.

Strategy: Perform a second-by-second audit of the BWC footage. Often, what an officer describes as "striking" is actually the defendant flailing because a K-9 was deployed or a Taser was used. We use this footage to negotiate a reduction from a felony to a misdemeanor or an outright dismissal.

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Defenses Against Resisting Charges

Attorney Lewis will use his knowledge of the Fifth Judicial Circuit to build a customized defense:

• Unlawful Duty: If the officer did not have "reasonable suspicion" to stop you or "probable cause" to arrest you, they were not in the lawful execution of a duty. In "Without Violence" cases, this is an absolute defense.

• Lack of Knowledge: If the officer was in plainclothes, driving an unmarked vehicle, or failed to identify themselves, you may not have known you were interacting with law enforcement.

• Reflexive Response: Tensing up because of a pre-existing injury or a "startle response" is not "willful" resistance. Medical records may prove your movements were involuntary.

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The Lewis Defense Law Advantage

When you are charged with resisting, it is your word against the officer's. You need an attorney who can spot inconsistencies in their testimony.

• Trial Ready: Attorney Lewis is prepared to take your case to a jury if the State refuses to acknowledge the truth.

• Pre-File Intervention: Attorney Lewis will work to reach the State Attorney's Office in Tavares before the formal "Information" is filed, aiming to secure a "No Info" (dismissal).

• Protecting Your Record: A resisting conviction can disqualify you from many jobs. We prioritize outcomes like Pre-Trial Intervention (PTI) that can lead to a full dismissal and the potential ability to expunge your record.

Protect Your Rights in Lake County

If you've been arrested for Fleeing and Eluding Law Enforcement in Clermont, Leesburg, Groveland, Tavares, Eustis, Mount Dora, Lake County or anywhere else in Central Florida the State is already building its case. Contact Lewis Defense Law today to schedule a free consultation and discuss your case.