Why You Need an Aggressive Defense from the Moment You're Accused
When someone accuses you of obstruction in Florida, you're often already in a tense encounter with law enforcement. Maybe you're being questioned, you're at the scene of someone else's arrest, or you've simply tried to assert your rights. What follows can be a charge that sounds minor on the surface but carries serious consequences, both in court and in your daily life. I've seen firsthand how these charges can be used unfairly or blown out of proportion. That's why it's so important to act fast and work with a private defense attorney who can push back hard from day one.
Let me walk you through what Florida law says, what the prosecution must prove, and how I've successfully defended clients against obstruction charges. If you're facing one now, this isn't just a theoretical issue, this is about your record, your job, and possibly your freedom.
What Florida Law Says About Obstruction
Florida law has several statutes related to obstruction. The most commonly charged is under Florida Statutes § 843.02, which reads:
"Whoever shall resist, obstruct, or oppose any officer… in the lawful execution of any legal duty, without offering or doing violence, shall be guilty of a misdemeanor of the first degree."
That statute covers a wide range of situations, from walking away during questioning to arguing with an officer who's trying to make an arrest. If violence is involved, the charge can escalate quickly to 843.01, which is a third-degree felony:
"Whoever knowingly and willfully resists, obstructs, or opposes any officer… by offering or doing violence to the person of such officer… commits a felony of the third degree."
People are often shocked when something as simple as not immediately complying, recording with a phone, or asking too many questions is treated as obstruction. That's why private legal representation matters. A public defender is often juggling dozens of cases, and you need someone who can drill down into the details and stand up for your rights without hesitation.
What the State Must Prove
To convict someone of obstruction without violence under § 843.02, the prosecution must prove four things beyond a reasonable doubt:
- The officer was engaged in the lawful execution of a legal duty.
- The officer was legally authorized to perform that duty.
- The defendant knew the person was an officer.
- The defendant resisted, obstructed, or opposed the officer.
We focus on each element. Was the officer acting lawfully? Were you even aware the person was law enforcement? Was your conduct really obstruction, or were you simply asserting your rights? I build defenses around those points, and that's where the outcome can shift entirely in your favor.
Common Defenses to Obstruction Charges
There are several ways to challenge an obstruction charge in Florida, and each one depends on the facts. Some of the most effective defenses include:
1. The Officer Was Not Lawfully Performing Their Duties
If the officer acted outside the bounds of their authority, for instance, conducting an illegal search or seizure, then any resistance may not legally qualify as obstruction. Florida courts have consistently ruled that you can't be convicted for resisting an unlawful act.
2. No Intent to Obstruct
Prosecutors must prove that you willfully resisted or opposed the officer. If your conduct was confused, accidental, or misinterpreted, that could destroy the case against you. Simply backing away, asking questions, or failing to act quickly enough is not necessarily obstruction.
3. First Amendment Protections
If you were recording, speaking, or protesting, your conduct may be protected under the U.S. Constitution. We've successfully argued that what officers called obstruction was actually protected expression.
4. Ambiguous or Contradictory Police Reports
In some cases, officers exaggerate or copy and paste language across reports. If the evidence contradicts their narrative, or if video tells a different story, we put those inconsistencies front and center to undermine their credibility.
Real Case Example: Charges Dropped After We Proved Officer Overreach
One of our clients, a college student, was charged with obstruction after she refused to hand over her phone during a traffic stop involving her friend. Officers accused her of interfering with an investigation. She stood nearby, recording the incident, remained calm, and never crossed a barrier or touched anyone.
When she called us, she was terrified; her academic future was on the line. We immediately obtained body cam footage, which showed that her behavior was respectful and lawful. The officers had no warrant, no probable cause, and no authority to seize her device. We filed a motion to dismiss based on unlawful officer conduct and constitutional protections. The State Attorney's Office dropped the charges before trial.
This outcome would've been unlikely without a private attorney pushing the issue hard and fast. That's why you can't afford to handle this alone.
The Stakes: More Than Just a Misdemeanor
Obstruction might seem like a lesser offense, especially if charged under § 843.02. But don't be fooled, Florida classifies it as a first-degree misdemeanor, which means:
- Up to 1 year in jail
- Up to 12 months' probation
- Up to $1,000 in fines
- Permanent criminal record
If violence is alleged, the charge becomes a third-degree felony under § 843.01, carrying:
- Up to 5 years in prison
- Up to 5 years' probation
- Up to $5,000 in fines
Having a criminal record can make it harder to get a job, apply for loans, or keep a professional license. In some cases, even if the charges don't result in jail, they can lead to disciplinary action at work or school.
That's why from the moment you're accused, you need someone on your side who will not let the system walk all over you. We make sure prosecutors know we're ready to fight, not just file paperwork.
Other Related Florida Statutes You Should Know
Several other laws are frequently bundled with obstruction, including:
- § 843.03 – Obstruction by Disguised Person
- "Whoever in any manner disguises himself or herself with intent to obstruct the due execution of the law or to intimidate, hinder, or interrupt any officer… shall be guilty of a misdemeanor of the first degree."
- § 843.06 – Neglect or Refusal to Aid Peace Officer
- This statute punishes people who refuse to help officers when legally commanded to do so. It's rare, but it can appear in certain crowd-control situations.
- § 843.085 – False Personation of Law Enforcement
- If an officer accuses you of pretending to be someone in authority to interfere with law enforcement, this can become a separate charge entirely.
Each statute has its own language and legal burdens. Our job is to make sure you're not hit with multiple overlapping charges based on a single event. When prosecutors see that we understand the finer points of these statutes and that we won't back down, they often change their approach.
Why You Should Never Plead Guilty to Obstruction Without a Fight
Sometimes, people are tempted to accept a plea just to "make it go away." Prosecutors might offer a withhold of adjudication and probation, but that can still follow you for years. Employers can still see the charge, and probation violations can bring the charge back full force.
Having your own attorney, especially someone who handles obstruction cases throughout Florida, means we can challenge the facts, file motions early, and look for any legal errors in how the case was handled. We can also negotiate from a position of strength, because prosecutors know we're ready to go to trial if needed.
Frequently Asked Questions About Obstruction Charges in Florida
What does it mean to "obstruct" an officer in Florida?
Obstruction means resisting, opposing, or interfering with a law enforcement officer while they are carrying out their lawful duties. It doesn't require physical force, words or noncompliance can be enough if prosecutors claim you did so intentionally. However, this definition is often stretched, which is why defense strategy is so critical.
Is obstruction always a misdemeanor?
Not always. If the State alleges that you used violence or threatened violence, you can be charged under § 843.01, which is a third-degree felony punishable by up to five years in prison. You may also face felony charges if the officer claims they were harmed or if other charges are stacked onto the case.
Can I be charged just for filming the police?
Recording law enforcement is protected under the First Amendment, as long as you don't interfere with their duties or violate wiretapping laws. However, officers sometimes charge people with obstruction to discourage filming. We defend these cases aggressively and often get them dismissed.
What if the officer was acting illegally?
If the officer's conduct was unlawful, any charge of obstruction may be invalid. For example, if the officer had no warrant or probable cause, and you resisted an illegal order, the law may be on your side. We challenge the legality of the officer's actions in every case.
Should I talk to the police if I'm being accused of obstruction?
No. Always exercise your right to remain silent. Anything you say can be twisted or misinterpreted. Call a defense attorney immediately. We'll speak on your behalf and protect your rights during any interrogation or court hearing.
Can this charge be expunged from my record?
Possibly. If the case is dismissed or if you receive a withhold of adjudication and meet certain criteria, you may be eligible to seal or expunge your record under Florida law. We help clients with that process after the criminal case is resolved.
Do I need a lawyer if it's just a misdemeanor?
Absolutely. A misdemeanor can still lead to jail time, probation, and a criminal record. More importantly, the facts surrounding the charge often reveal that it never should've been filed in the first place. A private defense lawyer can make that case to the judge and prosecutor in ways a public defender often can't due to workload.
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.
Whether you're facing an obstruction charge in Miami, Tampa, Orlando, Jacksonville, Fort Myers, or anywhere else in the state, we're ready to help you fight back. The sooner you call us, the sooner we can start protecting your rights and building your defense.