Being charged with resisting arrest can feel overwhelming — especially when it comes on top of other criminal allegations. In Miami and Broward County, this charge is often added to already serious cases, making legal defense even more urgent.
Understanding the Charge
Under Florida Statute 843.02, resisting arrest means obstructing, opposing, or resisting a law enforcement officer while they perform their official duties. This can include physical resistance or even verbal defiance, and it doesn’t require an act of violence. Resisting without violence is a first-degree misdemeanor, while resisting with violence can be charged as a third-degree felony.
In many cases, people are charged with resisting arrest during high-stress situations — traffic stops, disputes, or during an arrest for another crime — even if they didn’t realize their behavior was illegal.
Common Defenses to Resisting Arrest
A skilled criminal defense attorney can evaluate whether the officer followed legal procedures, whether there was probable cause, and whether your actions actually met the criteria of “resisting.” In some cases, the officer may have used excessive force or violated your rights. Common defenses include unlawful arrest, lack of intent, or lack of resistance altogether.
These charges often depend heavily on the arresting officer’s version of events, so your attorney’s ability to review evidence — including body cam footage and witness statements — is critical.
What Happens After the Arrest?
Once you’ve been charged, the case may proceed to arraignment and pre-trial motions. Prosecutors in Miami and Broward typically offer plea deals to resolve these cases quickly, but that doesn’t mean you should accept one without legal advice. An experienced lawyer can sometimes get the charge reduced or dismissed based on the circumstances.
If resisting arrest is combined with other charges, the consequences can escalate quickly. You could face jail time, fines, and a permanent criminal record that affects your job prospects and future.
Why You Need a Criminal Defense Attorney
At Beaton Law Firm, we take every case seriously. Our team will investigate every detail, challenge weak evidence, and push back against overcharging by the prosecution. The earlier we’re involved in your case, the better we can protect your rights.
Types of Criminal Cases We Handle
Beaton Law Firm handles a wide range of criminal cases, including but not limited to:
White-collar crimes such as healthcare and insurance fraud
Contact Beaton Law Firm Today
If you’ve been arrested for resisting in Miami or Broward County, don’t wait. You need a lawyer who knows the system and knows how to fight back.
📞 (305) 478-1991
🌐 www.beatonlawfirm.com
📍 Serving Miami, Fort Lauderdale, and all of South Florida