Unlike its felony counterpart, resisting an officer with violence, resisting
an officer without violence is a misdemeanor.
Florida law states:
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.
Resisting an officer without violence is punishable by a maximum of 364
days in county jail.
In order to resist an officer, the officer must be engaged in a legal duty.
That means, if the officer is not conducting legitimate business, then
you have no duty to comply with the officer's orders.
Resisting an officer without violence may accompany other misdemeanor or
felony charges, or it may exist as a charge on its own.
Penalties can range from Pretrial Diversion (PTD) all the way up to jail time.
I am a
criminal defense attorney who practices in Miami-Dade County. I routinely deal with resisting without
violence cases.
If you have been arrested and charged with resisting an officer without
violence,
call me to discuss your best course of action. This may be a charge you want to fight.