What Is Resisting an Officer With Violence in Florida?

Florida Statute § 843.01 makes it a crime to knowingly and willfully resist, obstruct, or oppose certain officers or legally authorized persons by offering or doing violence while the officer is engaged in the performance of official duties.

You can review the current statute here: Florida Statute § 843.01.

The offense is a third-degree felony.

What Changed in Florida Law in 2026?

The change came through the Officer Jason Raynor Act, enacted as Chapter 2026-144.

The prior version of § 843.01 applied when an officer was acting in the:

The current statute instead refers to an officer:

The effective date was June 16, 2026.

Does the 2026 Change Apply to Older Cases?

The date of the alleged offense matters.

Criminal liability generally depends upon the law in effect when the alleged conduct occurred.

That means a resisting case arising from conduct before June 16, 2026 should not automatically be analyzed under the amended statutory language.

A defense attorney should determine:

• The date of the alleged offense;
• The statutory language in effect on that date;
• Which jury instructions apply;
• Whether older appellate cases remain controlling after the amendment; and
• Whether the prosecution is relying on a theory created or expanded by the new statute.

How Is This Different From Resisting Without Violence?

Florida has a separate statute for resisting an officer without violence.

Florida Statute § 843.02 remains a first-degree misdemeanor and still uses the language requiring the officer to be acting in the lawful execution of a legal duty.

You can review that statute here: Florida Statute § 843.02.

This distinction is especially important because conduct that begins as an obstruction or refusal can become a felony allegation if police claim the defendant escalated the encounter by using or threatening violence.

What Counts as “Violence” Under § 843.01?

The statute applies when a defendant allegedly resists by offering or doing violence.

Cases can involve allegations such as:

• Pushing an officer;
• Striking or attempting to strike an officer;
• Kicking;
• Head-butting;
• Physically struggling in a manner alleged to involve violence;
• Using an object against an officer; or
• Other conduct prosecutors characterize as offering or doing violence.

But the precise conduct matters.

Not every act of pulling away, tensing up, verbal disagreement, or failing to immediately comply necessarily proves the felony offense.

Can Pulling Away From an Officer Be Resisting With Violence?

It depends on the facts.

Police reports sometimes use phrases such as “actively resisted,” “pulled away,” “tensed his arms,” or “refused to give his hands.”

Those descriptions do not automatically establish the felony offense.

The defense should examine:

• How much physical force was actually used;
• Whether the defendant struck or attempted to strike anyone;
• Whether the alleged movement was reflexive;
• Whether the defendant was trying to protect himself or herself from injury;
• How many officers were involved;
• Whether officers immediately used force;
• What the body-camera footage shows; and
• Whether witnesses contradict the police report.

Why Body-Camera Video Can Be Critical

Resisting cases often depend upon a few seconds of physical interaction.

Body-camera video may show:

• Who initiated physical contact;
• Commands actually given;
• Whether the defendant heard those commands;
• Whether the defendant attempted to comply;
• How much force officers used;
• Whether the defendant struck anyone;
• Whether the defendant was merely trying to regain balance;
• Whether the alleged “violence” happened before or after officers took the defendant to the ground; and
• Whether the written report accurately describes the encounter.

Does the Officer Still Have to Be Performing Official Duties?

Yes.

The current statute still requires that the officer be engaged in the performance of official duties.

The 2026 amendment did not eliminate every requirement concerning the officer’s conduct.

Instead, it changed the statutory wording from “lawful execution of any legal duty” to “performance of official duties.”

Because this is new statutory language, courts may have to determine how older Florida cases interact with the amended statute.

What If the Arrest or Detention Was Illegal?

This issue changed substantially under the new law.

Before the 2026 amendment, the “lawful execution” language was often central to the analysis of resisting charges.

The amended § 843.01 no longer contains that exact requirement.

That does not mean an unlawful arrest or detention becomes irrelevant in every respect.

It may still matter for:

• Suppression of evidence;
• Fourth Amendment claims;
• Credibility;
• Whether the officer was actually performing an official duty;
• Use-of-force issues;
• Body-camera interpretation; and
• Other defenses arising from the circumstances of the encounter.

Landsman Law maintains a detailed Florida Search and Seizure Law Resource Center addressing illegal stops, detentions, arrests, searches, probable cause, and motions to suppress.

Can You Use Force to Resist an Arrest in Florida?

Florida law sharply limits the use of force to resist arrest or detention.

The 2026 Officer Jason Raynor Act also amended Florida Statute § 776.051.

The current statute provides that a person is not justified in using or threatening force to resist an arrest or detention by a law enforcement officer who is known, or reasonably appears, to be a law enforcement officer.

This is a different question from whether police used excessive force.

What About Self-Defense Against Excessive Police Force?

Excessive-force cases are legally and factually complex.

There is an important difference between:

• Using force simply because someone believes the arrest is unlawful; and
• Responding to allegedly excessive or unlawful force used during the encounter.

The precise circumstances matter greatly.

A defense may require close examination of:

• When force began;
• Why officers used force;
• What commands were given;
• Whether the defendant posed a threat;
• The amount of force used;
• Whether the defendant was already restrained;
• Video evidence;
• Medical evidence;
• Independent witnesses; and
• The defendant’s actual actions.

For a broader discussion of justification defenses, see Landsman Law’s Florida Self-Defense Law page.

What Is the Penalty for Resisting an Officer With Violence?

Under § 843.01, resisting an officer with violence is a third-degree felony.

A third-degree felony can carry serious consequences, including incarceration, probation, fines, and the long-term effects of a felony conviction.

The sentence in a particular case can depend upon:

• The defendant’s criminal history;
• Whether additional charges were filed;
• Whether anyone was injured;
• The severity of the alleged force;
• Sentencing-score issues;
• Whether another felony offense occurred during the incident; and
• The ultimate disposition of the case.

Can Resisting With Violence Be Charged Together With Battery on a Law Enforcement Officer?

Yes, depending on the allegations.

An encounter can result in multiple charges when prosecutors claim that the defendant both resisted an officer and intentionally touched or struck the officer.

Florida’s battery-on-law-enforcement provisions are found primarily in § 784.07.

Landsman Law has a separate Battery on a Law Enforcement Officer page addressing that offense.

What If the Defendant Did Not Know the Person Was a Police Officer?

Identity can matter.

Some encounters occur with:

• Plainclothes officers;
• Undercover officers;
• Off-duty officers;
• Unmarked vehicles;
• Chaotic scenes; or
• Situations where the officer’s identity is disputed.

The defense should examine whether the defendant knew or reasonably understood that the person involved was acting as law enforcement.

What Evidence Should Be Reviewed in a Resisting-With-Violence Case?

What Are Possible Defenses to Resisting an Officer With Violence?

Defenses depend upon the facts and the version of the statute that applies.

Potential issues may include:

Can the Charge Be Reduced to Resisting Without Violence?

Potentially.

One important issue can be whether the evidence actually supports the element of violence required for § 843.01.

If prosecutors cannot establish that the defendant offered or did violence, the facts may more closely resemble a resisting-without-violence allegation under § 843.02.

Whether a reduction is appropriate depends on the evidence, negotiations, applicable law, criminal history, and circumstances of the case.

Can a Resisting Charge Be Dismissed?

Possibly.

Dismissal can depend upon issues such as:

• Insufficient evidence of violence;
• Insufficient evidence of intent;
• Failure to prove the officer’s status or official-duty requirement;
• Video contradicting the arrest allegations;
• Witness credibility problems;
• Legal issues involving the statute in effect on the offense date;
• Suppression of evidence; or
• Other factual or constitutional defenses.

An arrest itself does not establish guilt.

Why the Date of the Alleged Offense Is Especially Important Now

Resisting an Officer With Violence in Gainesville and Alachua County

Resisting charges in Gainesville can arise from encounters involving:

• Gainesville Police Department;
• Alachua County Sheriff’s Office;
• University of Florida Police Department;
• Florida Highway Patrol;
• Traffic stops;
• Downtown Gainesville arrests;
• Domestic-violence calls;
• Warrants;
• Drug investigations; and
• Other felony arrests.

Landsman Law represents clients charged with felony and misdemeanor offenses throughout Gainesville, Alachua County, and North Central Florida.

For broader information about local criminal defense, visit our Alachua County Criminal Defense Attorney page.

If an arrest has already occurred, our guide explaining What Happens After an Arrest in Alachua County? explains the next stages of the criminal process.

Frequently Asked Questions About Resisting an Officer With Violence in Florida

This article provides general information about Florida criminal law and is not legal advice for any particular case. Florida amended § 843.01 in 2026, and the applicable law can depend upon the date of the alleged offense, the facts of the encounter, the officer’s status and duties, video evidence, and other circumstances.