West Palm Beach Resisting Arrest Lawyer

A West Palm Beach resisting arrest lawyer defends people charged with resisting, obstructing or opposing a police officer under Florida law. Michael T. Rabideau has practiced criminal defense in Florida since 1999 and is admitted to all Florida state courts. These charges often grow out of a tense traffic stop or a misunderstanding. Sometimes resisting is the only charge filed. Often it is added to another arrest. Either way, it can leave a criminal record. Here is what the State must prove, what the penalties are, and how we defend these cases.

What Is Resisting Arrest in Florida?

Florida has two main resisting offenses. Section 843.02 covers resisting without violence. It applies when someone resists, obstructs or opposes an officer who is lawfully carrying out a legal duty. Running from a lawful stop, pulling away or refusing to follow commands can be charged this way. Section 843.01 covers resisting with violence. The State must show the person knowingly and willfully offered or did violence to the officer. Striking, kicking or threatening to hurt an officer can lead to this felony charge.

Resisting Arrest Charges and Penalties

The jail and prison terms and fines are set by statute. A resisting with violence conviction also counts as a prior for future battery charges. Under section 784.03, a later battery can then be charged as a felony.

Defenses a Resisting Arrest Defense Attorney Will Look At

The right defense depends on the facts and the video. These issues come up often:

• The officer was not lawfully carrying out a legal duty. An illegal stop or arrest can defeat a charge of resisting without violence.
• You did not know the person was a police officer, such as an officer in plain clothes.
• Your actions were passive or reflexive, not resistance. Flinching or tensing up is not the same as fighting.
• No violence was offered or used, which can reduce a felony to a misdemeanor.
• The officer used excessive force, and you reacted to protect yourself.
• Body camera or bystander video does not match the arrest report.

One rule surprises many people. Under section 776.051, you cannot use force to resist an officer acting in good faith, even if the arrest is later found unlawful. That makes the with-violence charge harder to fight on legality alone.

What Happens After a Resisting Arrest Charge in Palm Beach County

Most people charged with resisting are arrested and booked into jail. A judge sets release conditions at first appearance, usually within 24 hours. A misdemeanor case goes to county court. A felony goes to circuit court. The State Attorney then reviews the reports and decides what to file. We request body camera footage, dispatch audio and 911 calls right away. Some recordings are kept only for a limited time. A first-time misdemeanor may qualify for a diversion program, which can lead to a dismissal.

West Palm Beach Resisting Arrest Lawyer Serving Palm Beach County

Resisting cases are heard in the 15th Judicial Circuit, mostly at the Palm Beach County Main Courthouse in downtown West Palm Beach. Michael Rabideau represents clients across the county, including Wellington, Boca Raton, Jupiter, Lake Worth Beach and Delray Beach. Resisting is often charged together with other offenses. We also defend assault and battery, DUI, fleeing and eluding and drug cases. See all criminal defense services.

Frequently Asked Questions

Is resisting arrest without violence a felony in Florida?

No. Resisting without violence is a first-degree misdemeanor. It carries up to one year in jail and a $1,000 fine. Resisting with violence is a third-degree felony.

Can a resisting arrest charge be dropped in Palm Beach County?

Yes, it can. Charges are dropped or reduced when video contradicts the report, or when the original stop was unlawful. Some first-time misdemeanor cases also qualify for diversion. The earlier a lawyer gets the evidence, the better.

Can I be charged with resisting arrest if I was not arrested for anything else?

Yes. Resisting can be the only charge. Florida law covers obstructing an officer during any lawful duty, not just an arrest. Walking away from a lawful stop or refusing lawful commands can lead to a charge.

Charged With Resisting an Officer? Talk to Michael Rabideau

A resisting charge can follow you into job applications and future cases. A West Palm Beach resisting arrest lawyer can get the video and reports before they disappear. Michael Rabideau will review what happened, explain your options and tell you honestly where you stand. Consultations are free and confidential.

Call (561) 820-4848 or schedule a free consultation. Affordable payment plans are available, with offices in West Palm Beach, Wellington, and Boca Raton.