If You’ve Been Charged in Clay County, Aguilar & Sieron, P.A. Can Help Protect Your Rights and Your Future
Being accused of resisting arrest can be one of the most confusing and stressful experiences a person faces. In many cases, the charge arises suddenly, during a heated or chaotic moment when emotions are high and misunderstandings occur. Yet in Florida, even a brief act of hesitation or verbal disagreement with an officer can escalate into a criminal charge.
For anyone in Green Cove Springs, Clay County, or the surrounding communities, speaking with an experienced Clay County criminal defense lawyer can make all the difference. Understanding what this charge means and how to respond is the first step toward protecting your rights and your future.
What Resisting Arrest Actually Means Under Florida Law
Florida recognizes two separate charges related to resisting arrest: resisting without violence and resisting with violence. The distinction is critical.
Under F.S. §843.02, resisting without violence involves obstructing or opposing a law enforcement officer without using physical force. This could include refusing to comply with an officer’s commands, pulling away during handcuffing, or arguing during an arrest.
Under F.S. §843.01, resisting with violence occurs when a person uses or threatens physical force against an officer attempting to make a lawful arrest. This more serious version of the charge is treated as a felony.
Importantly, “resisting” does not have to mean physically fighting an officer. People are often charged after reacting instinctively, out of confusion, fear, or surprise. These cases frequently accompany other charges such as DUI, assault, or disorderly conduct, and can make an already complicated legal situation far more serious.
Common Situations That Lead to Resisting Arrest Charges
Many resisting arrest cases begin with misunderstandings rather than malice. A moment of panic or miscommunication can quickly spiral into a criminal accusation.
Common examples include:
- Traffic stops that become confrontational or confusing, especially when multiple officers are involved.
- Public incidents, such as bar disputes or protests, where visibility and communication are limited.
- Intervening in another’s arrest, often out of concern for a friend or family member.
Law enforcement officers may sometimes interpret hesitation, questions, or even a startled movement as resistance. In these situations, bodycam footage and witness statements can be crucial to proving that no intentional obstruction occurred.
What to Do Immediately After Being Accused or Arrested
Once an accusation of resisting arrest is made, the best course of action is to remain calm and avoid further confrontation. Even if the charge feels unfair, arguing or moving suddenly can make matters worse.
It’s essential to:
- Stay silent except to ask for an attorney.
- Avoid making statements, signing paperwork, or attempting to explain yourself without legal counsel.
- Contact an experienced criminal defense lawyer as soon as possible to preserve your rights and begin building a defense.
Remaining respectful and composed does not mean admitting guilt. It means protecting yourself from additional legal complications.
Legal Penalties for Resisting Arrest in Florida
Florida law imposes serious penalties for resisting arrest:
- Resisting without violence: a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine.
- Resisting with violence: a third-degree felony punishable by up to five years in prison and a $5,000 fine.
Beyond fines and jail time, a conviction can create a permanent criminal record, harm employment opportunities, and make future charges harder to fight. These charges can also complicate ongoing cases, such as DUI or assault arrests, leading to harsher outcomes.
How Can a Criminal Defense Lawyer Fight a Resisting Arrest Charge?
A resisting arrest case requires more than just negotiation. It demands a strategic understanding of Florida criminal law and police procedure. A criminal defense lawyer can:
- Evaluate whether the arrest itself was lawful.
- File motions to suppress improperly obtained evidence.
- Negotiate for reduced charges, diversion programs, or dismissal.
- Ensure that law enforcement’s actions meet constitutional standards.
Having skilled legal representation can prevent a misunderstanding from becoming a lifelong mark on one’s record.
Charged with Resisting Arrest? Contact Aguilar & Sieron, P.A. for Legal Help.
Resisting arrest might sound like a minor offense, but Florida prosecutors often treat it aggressively to preserve the appearance of officer credibility. These cases rarely disappear on their own and can carry long-term consequences if not handled properly. Acting quickly is key. Early intervention gives a lawyer time to gather evidence, interview witnesses, and protect your rights before court deadlines pass.
If you’ve been accused of resisting arrest in Green Cove Springs, Clay County, or anywhere in northeast Florida, your next steps matter. Speaking with a criminal defense attorney immediately can make the difference between clearing your name and facing serious penalties.
Aguilar & Sieron, P.A. has decades of experience defending people charged with crimes across Clay County and beyond. Attorney Mark Sieron is an experienced criminal defense lawyer who understands the stress of facing criminal allegations and knows how to fight for your rights from start to finish.
Your freedom matters. Don’t face the system alone. Contact us today for a free consultation to protect your future and ensure your side of the story is heard.
"If you’re looking for the best lawyer, look no further. You’d be lucky to have Mark represent you. Thank you so much!" - Elena D., ⭐⭐⭐⭐⭐