Obstruction of Justice

Resisting an Officer With & Without Violence in Tampa

You’ve probably seen an actor be accused of “resisting arrest” when watching a crime show or action movie. In such depictions, a person is often angry and belligerent, struggling with the officer. In reality, resisting arrest charges can be tricky. Some officers use it as a catchall for the slightest hesitation, delay, or resistance on behalf of the accused. 

Resisting arrest is covered under Sections 843.01 and 843.02 of the Florida Statutes, which cover obstruction of justice. This crime is broken down into two offenses: resisting an arrest with violence against the officer and resisting arrest without violence against the officer. 

Under Sec. 843.01, if someone “willfully resists, obstructs, or opposes any officer” while the officer is performing their legal duty and the individual uses violence, they are guilty of a felony of the third degree, punishable by up to 5 years in prison and by a fine of up to $5,000. Under Sec. 843.02, if someone willfully obstructs, resists, or opposes an officer while they are executing their legal duty, but without violence, the individual is guilty of a misdemeanor in the first degree, punishable by up to one year in jail and by a fine of up to $1,000.

Slow to Respond to an Officer’s Commands

When confronted by the cops, people can feel stunned. They may not be fully aware of what’s happening. It’s hard to believe, but if they don’t respond fast enough to an officer’s commands, they could find themselves facing charges for resisting arrest — even if the officer wasn’t in the process of arresting them at the time.  However, this doesn’t mean that every delay in following an officer’s commands will end in resisting arrest charges—but it can happen under certain circumstances.

Facing Obstruction of Justice Charges?

When facing obstruction of justice charges, it is extremely important to consult a Tampa criminal defense attorney as soon as possible. An attorney can start taking preventative measures against a conviction and heavy penalties. After a person has been charged with a crime such as obstruction of justice, they must be informed of their rights.  The best way people can become informed throughout the legal process is by retaining the services of a knowledgeable lawyer who can continually protect their best interests. 

Examples of Resisting Arrest

When people resist arrest, they’ve generally done something to obstruct, resist, or oppose a law enforcement officer trying to perform their duties. To be clear, the officer does not have to be in the process of executing an arrest for someone to be charged with resisting arrest.

A person may resist arrest without violence by:

• Struggling while an officer is trying to arrest you.
• Running away from an officer who is trying to question you.
• Lying to the officer about who you are.
• Yelling at an officer and making it difficult for them to arrest you.
• Refusing an officer’s orders to put up your hands, get on the ground, lean against a car, or turn around so an officer can place handcuffs on you.

A person may resist arrest with violence by:

• Spitting on an officer while they try to make an arrest.
• Hitting, punching, or kicking an officer while they try to initiate an arrest.
• Headbutting an officer while they try to make an arrest.
• Drawing a knife or a handgun on an officer as they attempt an arrest.
• Attempting to hit an arresting officer with a hard object.
• Pushing or shoving an officer while they try to make an arrest.

In Florida, resisting arrest is a Class A misdemeanor or a third-degree felony depending if the defendant used violence against the arresting officer or not. If you are being accused of resisting arrest, we’ll want to know if the arresting officer was wearing a body camera because it may be valuable to your case if there is footage. 

If you have been charged with obstruction of justice in the Tampa area, our team at Thomas & Paulk, P.A. is here to help. We have been fighting for clients across Florida for 20 years, and we are committed to seeking the best result for every person we represent.