Resisting arrest Without Violence is a misdemeanor charge. A person can be charged with resisting arrest when they oppose, obstruct, or interfere with a law enforcement officer while the officer is engaged in the lawful performance of his or her duties. It covers a very broad range of actions.
There are instances where people are charged for simply engaging an officer verbally through criticisms, questioning their actions, or cursing at them. However, all of these things are well within your Constitutional rights. Officers tend to abuse the resisting arrest charge when they become angry or overwhelmed by a person’s angry or emotional tirade during a police contact.
A person charged with resisting arrest is taken to jail or issued a Notice to Appear. The maximum penalty is one year in prison and a fine of $1,000.
Here is the Florida law regarding resisting arrest: 843.02
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
MANY OF THE POLICE LAWSUITS I HAVE HANDLED INVOLVE MISDEMEANOR ARRESTS FOR RESISTING ARREST WITHOUT VIOLENCE
There is also a felony charge of Resisting Arrest With Violence which covers cases where a person becomes violent during a police encounter or while being arrested or stopped.
Call 561-471-8100 for a FREE discussion with STEVE GOMBERG or
Email Gomberglaw@comcast.net (subject “resisting”)