Resisting Arrest Defense Attorneys in Daytona Beach

Charged with Resisting in Florida? Get Skilled Legal Defense.

Resisting arrest can happen in seconds, often during moments of confusion, stress, or fear. Whether the charges involve physical resistance or failing to obey law enforcement instructions quickly enough, these situations are rarely clear-cut. Many of our clients are everyday people who never thought they'd face criminal charges until a routine encounter suddenly escalated.

At Hager & Schwartz, P.A., we understand the emotional weight and legal consequences of a resisting arrest charge. We also recognize that these cases are often based on misunderstandings, unclear communication, or questionable police conduct. That’s why our approach goes well beyond a surface-level defense. As former state prosecutors with over 50 years of combined experience, we know how the system works—and more importantly, how to identify the weaknesses in the prosecution’s case.

Our Daytona Beach criminal defense attorneys develop tailored strategies based on your unique situation. We carefully examine the facts, dispute inconsistencies in officer reports, and resist any efforts to present a one-sided account of events. Throughout the process, we remain accessible and responsive because we understand how crucial it is to have someone in your corner when facing uncertainty.

If you’ve been charged with resisting arrest in Daytona Beach or anywhere in Florida, contact us for a free, confidential consultation. We’re ready to listen and discuss options.

What Does Resisting Arrest Mean Under Florida Law?

In Florida, “resisting arrest” is a charge that can apply to a wide range of behaviors during an encounter with law enforcement, some of which may not seem criminal at all. According to Florida Statutes §§ 843.01 and 843.02, resisting arrest involves obstructing or opposing a law enforcement officer during the lawful execution of their duties. However, the severity of the charge—and the penalties that come with it—depend on whether the alleged resistance involved violence.

Resisting Arrest Without Violence

Under Florida Statute § 843.02, this is considered a first-degree misdemeanor. It applies when someone resists, obstructs, or opposes an officer without making threats or using physical force. Even non-violent actions can lead to this charge, especially during stressful or confusing moments.

Resisting Arrest with Violence

According to Florida Statute § 843.01, this offense is a third-degree felony. To be charged, the accused must have knowingly and willfully resisted an officer by threatening or using physical violence. The law doesn’t require serious injury—any act of aggression or force can meet the legal threshold.

What makes these charges especially complicated is how vague and subjective the law can be. An officer’s interpretation of “resistance” can differ greatly—what you saw as fear or confusion might be reported as defiance. People are often charged just for hesitating, asking questions, or reacting instinctively in a tense situation.

We understand how quickly these situations can escalate—and how crucial it is to examine every detail of what happened. Whether your case involves alleged violence, we aim to uncover the facts, challenge assumptions, and craft a defense that focuses on your story.

Common Scenarios That Lead to Resisting Arrest Charges

Resisting arrest charges in Florida often come from chaotic, emotionally charged situations rather than a clear intent to break the law. People are usually caught off guard, unsure of what’s happening, or just trying to protect themselves. Sadly, what feels like a natural reaction at the moment can later be seen as obstruction or resistance in a police report.

Situations that can lead to resisting arrest charges include the following:

• Intervening in someone else’s arrest: You may have stepped in to check on a friend, relative, or even a stranger during an arrest, only to be accused of interfering, even if your intentions were non-threatening.
• Arguing with police or asking questions: Challenging the reasons for a stop, questioning an officer’s actions, or trying to understand your rights can quickly escalate if law enforcement perceives you as uncooperative.
• Attempting to leave an unclear or unlawful stop: If you try to walk away from an encounter that you didn’t realize was a legal detention, you may still be charged with resisting, even if no force was used.
• Being a victim of police misconduct or excessive force: Sometimes, officers overstep boundaries. When people try to shield themselves or respond out of fear, they may be wrongly labeled as resisting.
• Acting in self-defense during an arrest: If law enforcement uses unnecessary or disproportionate force, a person’s instinct to defend themselves can be misinterpreted as aggression or resistance.

These examples demonstrate how easily someone can face serious allegations over actions that might not have been criminal. We take the time to understand the full context of what happened, not just what’s written in the police report. As former prosecutors, we know the tactics the state may use to justify these charges, and we develop defense strategies that reveal the truth and challenge unfair accusations.

Penalties for Resisting Arrest

The consequences of a resisting arrest charge in Florida can be severe—even life-changing—regardless of whether violence was involved. Depending on the situation, individuals may face either a misdemeanor or a felony charge, each with different legal penalties and long-term personal consequences.

Misdemeanor Resisting Arrest (Without Violence)

This charge is classified as a first-degree misdemeanor under Florida law. 

If convicted, you could face:

• Up to 1 year in jail
• Fines up to $1,000
• Probation, community service, or both

Even if jail time is avoided, a misdemeanor conviction still leaves a mark on your criminal record, impacting everything from job opportunities to housing applications.

Felony Resisting Arrest (with Violence)

This more severe offense is considered a third-degree felony, punishable by:

• Up to 5 years in prison
• Fines up to $5,000
• Lengthy probation and a permanent felony record

A felony conviction can follow you for the rest of your life, closing doors to professional licenses, certain careers, and even your right to vote or possess a firearm.

Beyond the Courtroom: The Hidden Costs

The penalties extend beyond what’s written in the statute. A resisting arrest charge—especially if combined with claims of violence—can harm your reputation, strain relationships, and jeopardize your job or education. And since resisting arrest is often added to another charge, the consequences can quickly escalate.

That’s why early legal intervention is vital. We act quickly to safeguard your rights, contest the validity of the charge, and stop prosecutors from building a case before your side of the story is heard. With decades of combined experience and backgrounds as former state prosecutors, we understand the system and use that insight to develop defenses aimed at reducing the impact on your life.

Defending Against Resisting Arrest Charges

Resisting arrest charges in Daytona can be very personal and often come from confusing or chaotic moments. No two cases are the same, and behind every charge is a person who deserves to be heard. That’s why we handle each defense with careful planning, attention to detail, and a thorough understanding of the law and law enforcement procedures.

Multiple legal defenses might be applicable depending on the details of your arrest. Some of the most effective include:

• Unlawful arrest: If the arrest lacked probable cause, any minimal resistance may not be criminal under Florida law. Officers must have a valid legal reason for detaining or arresting you.

• Lack of intent to obstruct: To convict, prosecutors must prove that you knowingly and willfully resisted. Confusion, fear, or instinctive reactions don’t always meet this threshold.
• Self-defense or response to excessive force: You have the right to protect yourself if law enforcement uses unreasonable or excessive force. This defense may apply if you were acting purely to prevent harm.
• Mistaken identity or lack of identification: In situations involving plainclothes officers or nighttime encounters, individuals may not realize they are interacting with law enforcement.

We don’t stop at legal theory—we thoroughly examine the facts. Our team carefully reviews body camera footage, police reports, witness statements, and officer conduct to find inconsistencies or abuses of power. As former state prosecutors, we understand how these cases are constructed—and how to challenge weak or exaggerated claims.

Every case is unique, and so is every defense. That’s why we create tailored strategies for each client, based on the facts of the situation and their goals. Whether it’s fighting for a dismissal, negotiating reduced charges, or preparing for trial, we focus on an approach to safeguard our clients’ futures.

Get a Free Consultation with a Resisting Arrest Attorney in Florida

When facing a resisting arrest charge, every moment counts. The earlier you bring in a skilled defense attorney, the more you can protect your rights, find important evidence, and build a solid case. Whether the charge comes from miscommunication, a stressful police encounter, or a more serious force allegation, acting quickly can make all the difference.

At Hager & Schwartz, P.A., we understand what’s at stake. That’s why we respond quickly, decisively, and with a strategy tailored to your unique situation. As former state prosecutors, we bring insight from both sides of the courtroom and leverage that experience to identify the weaknesses in the prosecution’s case.

Complete our secure online form to schedule a free, confidential consultation.