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Resisting an Officer with Violence

Florida's Resisting with Violence statute is fundamentally the same charge as resisting without violence, with the obvious addition of a "violence" requirement. Resisting, opposing, or obstructing an officer in the course of a lawfully duty, accompanied by some sort of violence will escalate the charge from a simple misdemeanor to a third degree felony. This charge is typically seen when an individually feels that they are being harassed or wrongfully arrested by a police officer, and attempt to push the officer away. The simple "touching" of the officer will often lead them to adding this additional charge to the docket.

With the passage of time, often officers are willing to forgive any perceived transgression and allow the charge to be dropped by the State. We have successfully negotiated the dropping of several Resisting with Violence over the years. Contact the criminal defense attorneys at Arnold Law Firm to see if we can also help you!


843.01 Resisting officer with violence to his or her person.--Whoever knowingly and willfully resists, obstructs, or opposes 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; parole and probation supervisor; county probation officer; 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, by offering or doing violence to the person of such officer or legally authorized person, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--s. 1, ch. 3276, 1881; RS 2580; GS 3500; RGS 5385; CGL 7524; s. 1, ch. 28118, 1953; s. 1, ch. 61-66; s. 1, ch. 63-234; s. 1, ch. 63-433; ss. 1, chs. 65-198, 65-226; s. 3, ch. 67-2207; ss. 20, 25, 33, 35, ch. 69-106; s. 1034, ch. 71-136; s. 32, ch. 73-334; s. 1, ch. 77-174; s. 1, ch. 78-116; s. 20, ch. 79-3; s. 26, ch. 79-8; s. 1, ch. 79-149; s. 5, ch. 85-87; s. 40, ch. 88-122; s. 1, ch. 88-373; s. 50, ch. 88-381; s. 43, ch. 89-526.

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