Resisting an Officer With or Without Violence
- McMann, P.A.
- 31 minutes ago
- 7 min read
In Florida, resisting an officer may be classified as a misdemeanor if it occurs without violence, or as a felony if it involves violence. Resisting with violence constitutes a third-degree felony, carrying a penalty of up to 5 years in prison and a $5,000 fine. On the other hand, resisting without violence is considered a first-degree misdemeanor, which can result in up to 1 year in jail and a $1,000 fine. The primary distinction between the two is whether the individual used or threatened violence against the officer.Â
This crime is defined in Florida Statute 843.02, which states: "whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or s. 943.10(14), or other peace officer, as defined in s. 943.10(11), 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...".
Â
Resisting without Violence (RWOV)
Resisting an officer without violence essentially means impeding or obstructing a law enforcement officer in carrying out their duties without resorting to violence against the officer. It happens when a person intentionally and knowingly resists, obstructs, or opposes a law enforcement officer who is carrying out their duties lawfully, but does so without using violence. This can include actions like:
Refusing to obey a lawful command:
This could be refusing to get out of a car, refusing to stand up, refusing to put your hands behind your back when asked by an officer, or refusing to cooperate with being placed in a patrol car. Refusing to comply with lawful verbal commands is considered resisting without violence.
To illustrate, imagine "The Stubborn Driver Scenario":
During a routine traffic stop in Lakeland for a broken taillight, John Doe repeatedly ignores the officer's commands to exit the vehicle, claiming he "knows his rights" and stays seated with his hands on the wheel. Despite no physical aggression, his refusal delays the officer's investigation, leading to a RWOV charge that sticks because it obstructed a lawful duty.
Providing false information:
Giving a fake name or date of birth to an officer during an investigation or arrest is considered resisting without violence. Lying about possessing a driver's license when asked for identification during a traffic stop is another good example of resisting without violence.
Consider "The Fake ID Fiasco":
At a noisy party in Winter Haven broken up by police, Sarah Smith panics and gives officers her sister's name and birthdate when questioned about underage drinking. Even though she remains calm and non-violent, this deception hinders the officer's ability to verify her identity and issue proper citations, resulting in a RWOV misdemeanor.
Fleeing or evading detention:
Running away after being told to stop by an officer would be considered resisting without violence providing you didn't engage in a physical struggle.
Picture "The Midnight Runner Tale":
In Bartow, after being spotted loitering suspiciously near a closed store, Mike Johnson hears an officer yell "Stop!" but bolts down an alley on foot, hiding behind a dumpster until caught. No violence occurs, but his flight prevents the officer from conducting a lawful Terry stop, earning him a RWOV charge.
Struggling with an officer while being detained:
Tensing your arms while being handcuffed, pulling away when an officer tries to restrain you, or going limp to avoid being handcuffed. These are examples of physical but passive resistance that makes it difficult for an officer to carry out their duties but don't involve violence. This passive resistance is generally regarded as resisting without violence.
Envision "The Limp Protest Predicament":
During a protest in Polk County that turns unruly, activist Lisa Green goes completely limp like a ragdoll when officers attempt to arrest her for blocking traffic, forcing them to drag her to the patrol car. Her non-violent but obstructive tactic complicates the lawful arrest, leading to RWOV allegations.
Obstructing an officer's investigation:
Hiding evidence or interfering with an officer's attempt to collect information. This might involve acting as a lookout to warn a suspect about the presence of law enforcement or otherwise interfering with an active police investigation.
Think of "The Lookout's Blunder":
While police raid a suspected drug house in Highlands County, neighbor Tom Harris shouts "Cops are here!" from his window to alert those inside, allowing time to flush evidence. Though he never touches an officer, his interference obstructs the investigation, qualifying as RWOV.
Defending against this charge may involve arguing that the officer's actions were unlawful, that excessive force was used, or that the resistance was unintentional and unaware.
Lawful execution of duty:
The officer must be engaged in a lawful duty
for the charge of resisting to be valid.Â
No violence required:
Resisting without violence does not require physical violence
but the actions must still be a clear obstruction of the officer's duties.Â
Consequences:
Resisting without violence is a first-degree misdemeanor
and penalties can include jail time and fines.Â
It's important to remember that even seemingly minor actions can be interpreted as resisting an officer without violence. If you have questions about your specific situation, it's best to request a free consultation with a criminal defense attorney.
Resisting Arrest With Violence (RAV)
In Florida, the acronym for "Resisting Arrest with Violence" is RAV. It is also known by the more formal name Resisting an Officer with Violence, as stated in Florida Statute 843.01 and is defined as:
"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 Florida Commission on Offender Review 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, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
To secure a conviction for resisting an officer with violence, the prosecution must prove beyond a reasonable doubt that the defendant intentionally and deliberately opposed, obstructed, or resisted a law enforcement officer who was lawfully executing a legal duty or process.
The defendant must have either threatened to use violence or actually used it, and at the time, the defendant must have been aware that the victim was an officer or an individual legally authorized to carry out legal processes.
A defense against a "resisting an officer with violence" charge could focus on the officer not lawfully performing their duty, the absence of actual violence, or the defendant's unawareness that the individual they resisted was an officer. Furthermore, the officer's use of excessive force can also serve as a defense.
"Resisting an Officer with Violence" is a felony in Florida
To make this clearer, let's explore memorable scenarios that highlight RAV:
"The Bar Brawl Backlash":
In a crowded Lakeland bar, after officers break up a fight, patron Alex Rivera swings a punch at an officer trying to handcuff him, connecting with the officer's shoulder and causing a bruise. His violent resistance during a lawful arrest escalates the charge to RAV, a third-degree felony.
"The Threatening Traffic Stop Terror":
Pulled over for speeding in Hardee County, driver Emily Torres screams "I'll kill you!" at the officer while lunging forward aggressively, though no contact is made. Her explicit threat of violence during the stop qualifies as RAV, even without physical harm.
"The Domestic Dispute Debacle":
Responding to a domestic call in Bartow, officers attempt to separate spouses when husband Greg Wilson kicks an officer in the shin while being restrained. This act of violence against the officer performing a lawful duty results in RAV charges on top of any domestic violence allegations.
"The Chase and Clash Chronicle":
After a high-speed chase ends in Polk County, suspect Ryan Lee headbutts an officer during the takedown, knowing full well it's law enforcement. His violent opposition during the arrest solidifies the RAV felony.
Important Considerations:
It's crucial to consult with a criminal defense attorney to explore the specific facts of your case and determine the best course of action. Prosecutors often pursue these charges aggressively and evidence like dashcam footage or witness testimony can be crucial in building a defense.
If you are charged with a crime in Florida, attending court is mandatory. Missing your court appearance will result in the judge issuing a bench warrant, which authorizes law enforcement to arrest you. Criminal charges are a serious matter in Florida and criminal defense attorney has the expertise to address them effectively.
Beware of This Possibility: The Risk of Pretrial Detention
If charged with resisting an officer with violence (RAV), be aware that the state may file a motion for pretrial detention under Florida Statute § 907.041 at your automatic first appearance hearing, typically within 24 hours of arrest.
If successful, this could result in you being held without bond in Polk County Jail until trial or case resolution, potentially months or longer. The court may grant detention if it finds you pose a threat to the community, especially given the violent nature of the offense against law enforcement, or if you have a prior record indicating risk of flight or further harm.
This no-bond status underscores the severity of RAV and why immediate legal counsel is critical to argue against detention and seek release conditions.
At McMann, P.A., we are dedicated to vigorously advocating for our clients and safeguarding their rights. Reach out to our office for a complimentary consultation for a thorough review of your situation today.
Mark D. McMann