Understanding the Law, Possible Defenses, and Why You Need an Attorney by Your Side
As a Florida criminal defense attorney, I've represented countless individuals accused of "obstruction," a charge that sounds simple but can carry serious consequences. Many of my clients had no idea that something they said or did, even without violence, could lead to an arrest. If you're facing an obstruction charge in Florida, let me walk you through what the law actually says, what defenses may apply, and why having a private attorney on your side makes a meaningful difference in your outcome.
The Legal Definition of "Obstruction" in Florida
Florida law defines obstruction in a few different ways, depending on the specific conduct involved. The most commonly charged offense falls under Florida Statute § 843.02, titled "Resisting officer without violence to his or her person." Here's the statute's exact language:
843.02 – "Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."
This covers a broad range of behavior, and that's what makes it dangerous for the average person. You don't have to lay a finger on a police officer to be arrested. Saying "I don't have to talk to you" in a way an officer perceives as uncooperative, stepping away during a stop, or even hesitating to obey an order can lead to an obstruction charge.
I've seen police misuse this statute to escalate situations that could've been resolved peacefully. If you're charged under 843.02, it's a first-degree misdemeanor, which carries:
- Up to 1 year in jail
- Up to 12 months probation
- A $1,000 fine
The statute allows a great deal of discretion for officers, and that's exactly why you need a private attorney with courtroom experience. Public defenders, while often competent, may not have the bandwidth to fully challenge these cases, especially when it comes to digging into officer body cam footage, cross-examining inconsistent police reports, or fighting for full dismissal instead of a plea deal.
What Constitutes "Obstruction" in Real Terms?
The courts in Florida have interpreted "obstruction" to include both verbal and physical conduct, so long as it interferes with an officer's lawful duty. That's the key, the officer must have been performing a lawful duty. If they weren't, then any alleged obstruction isn't a crime.
Let me be clear, though: simple words alone, without more, do not always qualify as obstruction. Florida courts have ruled that passive resistance or mere refusal to answer questions does not automatically meet the standard. For example, in D.A. v. State, 471 So.2d 147 (Fla. 3d DCA 1985), the court found that walking away from an officer was not obstruction where there was no basis for the stop.
As your attorney, I'd examine whether the officer was acting lawfully, whether you were aware you were being detained, and what conduct they claim constituted obstruction. Without that legal foundation, the entire case can unravel.
Real Case Example: Charges Dropped for Client Falsely Accused of Obstruction
One of my former clients, a young man in his twenties, was walking home from a friend's house late at night in Fort Myers. A patrol officer stopped him, asked what he was doing, and my client said, "Just walking home, I don't need to answer anything else." That was it. The officer claimed he was "uncooperative," handcuffed him, and charged him with resisting without violence.
When I took the case, I immediately requested the officer's body cam footage. What we found was powerful: the client never raised his voice, never fled, and never interfered with anything. The officer, clearly irritated by the refusal to engage, had overreacted. I filed a motion to dismiss based on a lack of probable cause and unlawful detention. After reviewing our motion, the State dropped the charges entirely.
This is a perfect example of why hiring a private attorney matters. If my client had pled guilty just to "get it over with," he'd have a permanent criminal record for doing nothing more than asserting his constitutional rights.
Florida Statute § 843.01: Resisting With Violence
Now let's talk about the more serious version, Florida Statute § 843.01, which covers resisting with violence. Here's the text:
843.01 – "Whoever knowingly and willfully resists, obstructs, or opposes any officer … by offering or doing violence to the person of such officer or legally authorized person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
This is a third-degree felony and carries:
- Up to 5 years in prison
- 5 years probation
- $5,000 fine
- Mandatory adjudication of guilt (no sealing/expungement)
The stakes in a felony obstruction case are massive. If convicted, you could lose your right to vote, carry a firearm, or even hold certain jobs. I fight these cases aggressively by questioning use of force, demanding officer training records, and using expert witnesses when needed.
Defenses to Obstruction Charges in Florida
I've defended people from all walks of life, nurses, college students, parents, who were charged with obstruction for simply not backing down or questioning the legality of a stop. The defenses I explore depend on the facts, but some of the most common include:
1. Unlawful Arrest or Detention
If the officer was not acting within the scope of their lawful duty, then you had no legal obligation to comply. A stop without reasonable suspicion or a search without probable cause invalidates any claim of obstruction.
2. Lack of Criminal Intent
Florida law requires a willful act. If the accused was confused, frightened, or unaware they were interfering, that could eliminate the intent element.
3. Passive Resistance Isn't Enough
If you stood still or simply questioned why you were being stopped, and didn't actively interfere, that's not sufficient to convict. This is where having a skilled attorney can draw the line between a bad interaction and a criminal charge.
4. First Amendment Protected Speech
In some cases, saying something rude or confrontational isn't illegal. Florida courts have consistently upheld the idea that freedom of speech includes the right to challenge authority, so long as it doesn't cross into threats or physical conduct.
Every case needs to be dissected thoroughly. A private attorney has the time and the drive to investigate the case at a deeper level than public counsel may be able to. I routinely interview witnesses, pull dispatch logs, and request departmental policies that can expose weaknesses in the prosecution's case.
Other Florida Statutes That May Accompany Obstruction Charges
Obstruction doesn't always stand alone. It often appears alongside other charges such as:
- Battery on a Law Enforcement Officer (§ 784.07)
- Disorderly Conduct (§ 877.03)
- Trespassing (§ 810.08)
- Failure to Obey a Lawful Command (§ 316.072)
If these are involved, the stakes rise. I often see prosecutors file multiple charges as a strategy to pressure a plea. That's when you need a private lawyer who won't be intimidated, who's prepared to push back and file motions to strike improper charges or sever counts that don't belong together.
Why You Need a Private Attorney If You've Been Charged
When someone hires me, I look at everything: the initial stop, the officer's report, the video, the legal authority for each action. No part of the process gets a pass. Obstruction charges are often used as a tool for police to justify arrests when no other crime has been committed. But that doesn't mean you should just accept it.
A public defender might not have the time or resources to fight aggressively. I do. That's the difference. You want someone who can meet with you, explain every step, and, when necessary, take it to trial without blinking. When you're dealing with your future, your record, and your freedom, you can't afford shortcuts.
Frequently Asked Questions – Florida Obstruction Charges
What exactly counts as "obstruction" in Florida?
In Florida, obstruction generally refers to resisting, opposing, or interfering with a law enforcement officer during the performance of lawful duties. It doesn't require physical violence. You can be charged simply for refusing to comply, speaking in a way the officer deems obstructive, or even walking away during an encounter. However, the officer must have been acting lawfully at the time. If not, the charge may not stand up.
Is it illegal to walk away from a police officer?
Not always. It depends on the circumstances. If you're not being lawfully detained or under arrest, walking away is not necessarily illegal. But if an officer gives you a lawful command during a legal stop and you disobey or flee, you could be charged with obstruction. A key question is whether the officer had legal authority to stop you in the first place.
Can I be arrested for not answering a police officer's questions?
Generally, no. You have the right to remain silent. But how you assert that right matters. If you're aggressive, evasive, or disobey a lawful order, police might claim you were obstructing. A skilled defense attorney can show that your silence or hesitation was within your rights, not a crime.
What's the penalty for resisting without violence in Florida?
It's a first-degree misdemeanor, which can mean up to one year in jail, 12 months probation, and a $1,000 fine. While it may not seem serious on paper, it creates a permanent criminal record if not properly handled. If convicted, it can affect employment, housing, and more.
Can obstruction charges be dropped or dismissed?
Yes, and they often are when challenged by an experienced defense attorney. If the officer didn't have a lawful reason for the stop or if the alleged conduct wasn't truly obstructive, the charge may not survive a motion to dismiss. Prosecutors may also drop the case if the evidence is weak.
Will a conviction affect my criminal record?
Yes. A conviction for obstruction, even a misdemeanor, becomes part of your permanent record and cannot be sealed or expunged in most cases if the judge adjudicates guilt. That's why the goal should be dismissal or at least a withhold of adjudication, which your attorney can negotiate.
Can I get this charge expunged later?
If the case is dismissed or you receive a withhold of adjudication and meet other eligibility requirements, you may be able to expunge or seal your record. An attorney can review your case and guide you through that process.
Why do police charge people with obstruction so often?
It's a discretionary charge that gives officers legal cover when they feel challenged. It's often used when the officer lacks a stronger basis for arrest. That makes it a highly defensible charge in many cases, especially with video evidence that contradicts the police report.
Should I talk to police after being charged?
No. Never discuss your case with police or prosecutors without an attorney present. What you say can be used against you, even if you think you're helping yourself. Let your attorney speak for you. That's how you protect your rights.
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.