Arrested in Florida for Wearing a Disguise in Public? Here's How We Defend You Against Charges of Obstruction by Disguised Person
If you're facing a criminal charge in Florida for wearing a disguise in public under Florida Statute § 843.03, you might be wondering how such a seemingly minor act could lead to criminal prosecution. The truth is, this charge is more serious than it sounds. As a criminal defense attorney in Florida who has handled hundreds of cases involving accusations of obstruction or interference with law enforcement, I know how quickly these allegations can spiral into something far more damaging to your life and future. And when your freedom is on the line, you need someone who doesn't wait for the facts to come to them—you need a lawyer who digs in and dismantles the State's case from the first moment.
Let me explain how the law works, what defenses we use, and why having private counsel can mean the difference between a conviction and a clean record.
Understanding Florida Statute § 843.03 – Obstruction by Disguised Person
Here's what the law actually says:
Florida Statute § 843.03 – "Whoever, in any manner, disguises himself or herself with intent to obstruct the due execution of the law, or with intent to intimidate, hinder, or interrupt any officer or any other person in the legal performance of his or her duty, shall be guilty of a misdemeanor of the first degree."
That means if the police believe you were wearing a mask, costume, or anything intended to hide your identity in order to interfere with official duties, you can be arrested and prosecuted under this law. It doesn't require any physical act against an officer, just the act of hiding your identity while intending to obstruct.
This statute is broad, which gives law enforcement a lot of room to make subjective calls, and that's exactly why you need private legal representation. A public defender might not have the bandwidth to comb through the details of your case or challenge the arresting officer's interpretation of your intent. That's where we step in.
What the State Must Prove
To convict you under § 843.03, prosecutors have to show three things:
- You wore a disguise,
- You intended to hide your identity,
- Your intent was to interfere with a lawful process or intimidate someone lawfully performing their duty.
This charge doesn't require you to succeed in obstructing anyone; it's about intent. That makes it easier for the prosecution to pursue, but also gives us room to challenge their assumptions and interpretations.
Intent is a difficult thing to prove. It relies on circumstantial evidence, witness statements, and the officer's perspective. If we can undermine even one of those components, we create reasonable doubt.
Common Defenses to Obstruction by Disguised Person
One of the first questions I ask my clients is simple: Why were you wearing what you were wearing? Your intent matters, and if you didn't intend to interfere with the law, you didn't break § 843.03.
Here are a few defenses I've used successfully:
Lack of Criminal Intent
Wearing a mask or hood because of weather, illness, or social reasons is not criminal. We've won cases where clients were cited for wearing face coverings during COVID, despite no other criminal behavior. Intent has to be proven, and context matters.
No Obstruction Occurred
If there was no actual interference, we argue that the action never crossed the threshold into obstruction. Simply wearing a disguise isn't a crime unless there's intent to hinder someone lawfully doing their job.
Unlawful Stop or Arrest
If the officer stopped or detained you without probable cause, we move to suppress all evidence that followed. Many obstruction charges come from arrests that began without a valid legal basis.
First Amendment Protections
In some protest or political demonstration cases, we assert that our client's actions were constitutionally protected. The state can't criminalize peaceful assembly or expression just because someone was wearing a mask.
Mistaken Identity or Misunderstanding
Sometimes an officer thinks someone is trying to conceal their identity when they're not. Miscommunication or assumptions by police don't equal criminal intent.
If you've been charged with § 843.03, and the arresting officer didn't even ask why you were wearing a disguise, that alone can be a major opening for your defense.
A Real Case We Won: Dismissed Before Arraignment
One client was arrested during a peaceful protest in Tampa. He was wearing a Guy Fawkes mask and carrying a sign. The officer accused him of trying to intimidate city workers who were moving barricades. The arrest report claimed he "approached in a threatening manner while masked," even though there was video clearly showing him walking calmly and never speaking.
We requested the bodycam footage before the first court date, and after reviewing it, we filed a motion to dismiss. The prosecutor agreed there was no threat, no physical obstruction, and no crime. The case was dropped before arraignment.
That's the kind of proactive legal defense we provide—and you won't get that kind of attention from an overburdened court-appointed attorney.
Why You Need a Private Attorney for § 843.03 Charges
People often underestimate misdemeanor charges. But a first-degree misdemeanor in Florida can carry up to 1 year in jail, 12 months of probation, and a $1,000 fine under Fla. Stat. § 775.082 and § 775.083. Worse, a conviction stays on your record, affecting jobs, housing, and background checks.
Hiring a private attorney like me means your case gets the time it deserves. We investigate the facts, challenge the legality of the arrest, and push back against weak or unconstitutional charges.
When prosecutors know we're involved, they know they can't just pressure you into a plea deal without resistance. That changes everything.
Related Statutes That May Impact Your Case
If you're charged with obstruction by disguise, the State may try to stack additional charges, such as:
- Florida Statute § 843.02 – Resisting Officer Without Violence: If they claim you failed to comply with verbal commands, they may add this misdemeanor charge.
- Florida Statute § 843.01 – Resisting Officer With Violence: A more serious felony charge if they say you pushed or hit an officer.
- Florida Statute § 856.021 – Loitering and Prowling: If you were standing around in a public place with your face covered and no clear reason, they may argue you were loitering.
All of these charges are defensible, but they must be handled aggressively and strategically.
If you or someone you care about is facing an obstruction by disguise charge in Florida, your first call should be to an experienced criminal defense team that fights back.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.
FAQs – Florida Obstruction by Disguised Person
What qualifies as a "disguise" under Florida law?
A disguise can be anything that conceals your identity—masks, hoodies, face coverings, makeup, or even wigs. The law doesn't define it narrowly, so it depends on how the officer interprets your appearance. However, context and your reason for wearing it matter more than the object itself.
Can I be arrested just for wearing a mask in public?
Not legally, unless there's intent to obstruct law enforcement or another person's lawful duties. We've handled cases where clients were arrested for wearing masks during protests or public events, and we were able to show their actions were legal and protected.
Is obstruction by disguise a felony?
No, obstruction by disguise is a first-degree misdemeanor. However, if it's charged alongside resisting arrest or violence, it can lead to additional felony charges. That's why it's critical to handle the charge right away, before it escalates.
Do I have to talk to police if they stop me for wearing a disguise?
No, you have the right to remain silent. You should never explain yourself without a lawyer present. Anything you say may be used to suggest intent, even if that's not what you meant.
Can this charge be expunged from my record?
If the charge is dismissed or dropped, or if you receive a withhold of adjudication, you may be eligible to seal or expunge your record. We'll guide you through that process once we've resolved your case.
What happens if I ignore the charge or miss court?
Missing court can result in a warrant for your arrest, which compounds your legal problems. Even if the original charge is weak, failing to appear makes it much harder to defend you. As soon as you're charged, call us so we can protect your rights from the start.
How long does a case like this take?
Most obstruction by disguise cases take several months to resolve. If we're aiming for dismissal, we gather evidence, interview witnesses, request discovery, and negotiate with prosecutors. Every case is different, but our goal is always to avoid trial and clear your record.
What should I do right now if I've been arrested under § 843.03?
Call a defense lawyer immediately. Don't make any statements to police, don't try to explain your side, and don't agree to anything. The sooner we start, the better your chances of beating the charge.
If you've been charged under Florida's obstruction by disguise law, don't take chances with your future. This may seem like a minor offense, but the consequences are real. Let's work together to clear your name and protect your record.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.