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Fla. Stat. § 843.02 (2025)

Resisting officer without violence to his or her person.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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843.02 Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose 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; county probation officer; parole and probation supervisor; 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, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 3276, 1881; RS 2581; GS 3501; RGS 5386; CGL 7525; s. 1, ch. 63-433; s. 1, ch. 65-226; s. 3, ch. 67-2207; ss. 20, 33, 35, ch. 69-106; s. 1035, ch. 71-136; s. 1, ch. 77-174; s. 2, ch. 78-116; s. 21, ch. 79-3; s. 27, ch. 79-8; s. 6, ch. 85-87; s. 41, ch. 88-122; s. 2, ch. 88-373; s. 51, ch. 88-381; s. 43, ch. 89-526; s. 209, ch. 91-224; s. 19, ch. 2014-191.

Arrestable Offenses under F.S. 843.02

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§843.02RESIST OFFICEROBSTRUCT W/O VIOLENCEM · 1st
Notes of Decisions
Cited in 546 cases (72 in the last 5 years), 1955–2026 · leading case: John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011).
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John Coffin v. Stacy Brandau, 642 F.3d 999 (11th Cir. 2011). · cites it 10× “Coffin was charged with the misdemeanor of obstruction of justice without violence under Fla. Stat. Ann. § 843.02 . Mr. Coffin was charged with several felonies: two counts of battery on a law enforcement officer under Fla.”
C.E.L. v. State, 24 So. 3d 1181 (Fla. 2009). · cites it 35× “§ 843.02, Fla. Stat. (2007). Under the statute’s plain *1189 language, it is of no consequence whether the obstructing conduct is initiated before the officer has any legal duty to act.”
Polite v. State, 973 So. 2d 1107 (Fla. 2007). · cites it 12× “The trial court also instructed the jury on the permissive lesser included offense of resisting an officer without violence under section 843.02, Florida Statutes (2002), [5] and misdemeanor tampering with coin-operated vending machines or parking meters.”
Albert Darruthy v. City of Miami, 351 F.3d 1080 (11th Cir. 2003). · cites it 7× “Durruthy was charged with resisting, obstructing, or opposing an officer in violation of Fla. Stat. § 843.02 , 1 but the charges *1086 ultimately were dropped.”
Paul Stephens v. Nick Degiovanni, individually, 852 F.3d 1298 (11th Cir. 2017). · cites it 3× “Deputy DeGiovanni charged Stephens under Fla. Stat. § 843.02 , resisting an officer without violence to his or her person, 5 *1310 and Fla.”
Elvan Moore v. Kevin Pederson, 806 F.3d 1036 (11th Cir. 2015). · cites it 6× “While Pederson contends that he had probable cause to arrest Moore for his alleged violation of Fla. Stat. § 843.02 , which makes it illegal to resist an officer without violence, serious problems doom Pederson’s argument.”
C.E.L. v. State, 995 So. 2d 558 (Fla. 2d DCA 2008). · cites it 24× “In this case, we address a claim that the evidence was insufficient to support an adjudication for the offense of resisting, obstructing, or opposing a law enforcement officer without violence under section 843.02, Florida Statutes (2007). Specifically, we consider whether a…”
Lee v. State, 368 So. 2d 395 (Fla. 3d DCA 1979). · cites it 11× “(1977), with resisting an arrest with violence, he requested a jury instruction on the offense of resisting an arrest without violence under § 843.02, Fla. Stat. (1977). It is this latter offense for which he was convicted (including the disorderly conduct charge).”
Wilkerson v. State, 556 So. 2d 453 (Fla. 1st DCA 1990). · cites it 10× “The sole issue stated in appellant's brief is whether "appellant's arrest for opposing or obstructing a police officer was illegal because section 843.02, Florida Statutes, is overbroad in violation of the Fourteenth Amendment to the United States Constitution and Article 1,…”
Francis v. State, 736 So. 2d 97 (Fla. 4th DCA 1999). · cites it 10× “§ 843.02, Fla. Stat. (1997) states, Whoever shall resist, obstruct, or oppose any officer .”
DeRosa v. Rambosk, 732 F. Supp. 2d 1285 (M.D. Fla. 2010). · cites it 18× “” Fla. Stat. § 843.02 . “[T]o support a conviction for obstruction without violence, the State must prove: (1) the officer was engaged in the lawful execution of a legal duty; and (2) the defendant’s action, by his words, conduct, or a combination thereof, constituted…”
Douglas McClish v. Richard B. Nugent, 483 F.3d 1231 (11th Cir. 2007). · cites it 3× “The deputies arrested Holmberg for “resisting arrest without violence,” see Fla. Stat. § 843.02 , and the charge was eventually dismissed without prejudice pursuant to Florida’s pretrial intervention program, see Fla.”
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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida criminal defense attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 843 matters in the context of obstruction and resisting charges and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.