Miami Resisting Arrest Lawyer
As a Miami resisting arrest lawyer, Dustin Tischler defends individuals charged with obstructing law enforcement—whether with or without violence. These charges often arise during heated or confusing situations, and can lead to serious penalties, including jail time and a criminal record. Whether the arrest involved a misunderstanding, excessive force, or unclear instructions, our firm is here to protect your rights and fight for the best possible outcome.
Understanding Resisting Arrest Charges in Florida:
Florida law separates resisting arrest into two main categories:
843.01 – Resisting an Officer with Violence (Felony):
Involves intentionally and violently resisting, obstructing, or opposing an officer during the course of legal duties.
Penalties: Third-degree felony, up to 5 years in prison, $5,000 fine, and a felony record.
843.02 – Resisting an Officer without Violence (Misdemeanor):
Applies when someone resists arrest through words, actions, or non-violent refusal to comply (e.g., pulling away, not following commands).
Penalties: First-degree misdemeanor, up to 1 year in jail, $1,000 fine, and probation.
These charges can be filed even if the arrest is later dropped or found unlawful, making early legal intervention critical.
Types of Resisting Arrest Cases We Handle in Miami:
At Dustin Tischler Law, we represent clients facing resisting arrest charges related to:
Verbal refusal to follow police instructions
Pulling away, tensing up, or passive resistance
Struggling during a traffic stop or public disturbance
Protests, public gatherings, or use-of-force situations
Cases involving false accusations or misidentification
Resisting during an unlawful or excessive arrest
Incidents involving alcohol, panic, or confusion
Even minor resistance can escalate quickly into a criminal charge. Our firm is experienced in de-escalating these cases in court.
How Dustin Tischler Can Help With Resisting Arrest Charges in Miami:
As an experienced Miami resisting arrest lawyer, Dustin Tischler conducts a detailed investigation to challenge the charge from every angle—especially when police conduct is questionable.
We assist clients by:
Reviewing bodycam, dashcam, or witness footage
Analyzing the legality of the initial stop or arrest
Challenging the officer’s version of events
Arguing for dismissal when force was excessive or unjustified
Negotiating for reduced charges or diversion programs
Preparing for trial when necessary to clear your name
You can read the full statute here: Florida Statute 843.02
Defense Strategies From a Miami Resisting Arrest Attorney
Every case is unique, and our legal team tailors your defense to the facts. Common strategies include:
Unlawful or invalid arrest – If the arrest was not legal, resistance may not be criminal
Lack of intent – You did not willfully resist or obstruct
No violence occurred – Overcharging the offense with violence when there was none
Excessive force or provocation by law enforcement
Confusion, panic, or mental health concerns
Failure of the officer to properly identify themselves
Our job is to make sure the court hears your side of the story.
Get Legal Help From a Miami Resisting Arrest Lawyer
Resisting arrest charges may seem minor, but they can carry lasting consequences—including jail, fines, probation, and a damaging record. With the right defense, many of these cases can be dismissed or resolved without long-term penalties.
At Dustin Tischler Law, we provide focused, compassionate, and aggressive legal defense for those accused of resisting arrest in Miami and across South Florida.
Click below to schedule a consultation with a Miami resisting arrest lawyer today.
What is considered resisting arrest in Florida?
Any verbal or physical act that delays or interferes with a police officer’s lawful duties, including refusal to comply, pulling away, or struggling, can be considered resisting.
What’s the difference between resisting with and without violence?
Resisting with violence (843.01) is a felony, while resisting without violence (843.02) is a misdemeanor. The use of physical force elevates the severity of the charge.
Can I be charged even if the original arrest was illegal?
Yes—but an experienced lawyer can often use the unlawful nature of the arrest as part of your defense.
Are there defenses against resisting arrest charges?
Absolutely. Common defenses include lack of intent, unlawful arrest, officer misconduct, or mistaken identity.
Will a resisting arrest conviction affect my record?
Yes. A conviction becomes part of your permanent criminal record and can affect employment, housing, and future legal matters.
