Legal Question in Criminal Law in Florida

It comes from Florida Statute 843.02, known as "resisting arrest without violence", or �resisting without�. It is a first degree misdemeanor, and carries a maximum sentence of one year in the county jail. In essence, this subsection of the statute states that "whoever shall resist, obstruct, or oppose any officer . . . in the lawful execution of any legal duty without offering or doing violence" is guilty of a first degree misdemeanor. Problems arise in multiple situations � usually that the officer didn�t have the right to detain or question the citizen in the first place, was carrying out an illegal search or seizure, was unlawfully trying to enter a home, or was demanding a citizen do or not do an act that was actually legal. So the prosecutor does not have to prove much. That said, with good defense counsel, there may be good ways to fight this charge on constitutional or some other grounds. If you have this kind of charge it is best to seek counsel.