Resisting Arrest

Resisting Arrest in Ocala, FL

When a police officer decides to arrest someone, there is really no immediate lawful recourse that will prevent that person from being taken into custody. Being charged with resisting arrest in Ocala, FL comes with the prospect of jail time and punitive fines in addition to the original charges the defendant was being arrested for in the first place.

Further, if someone resists arrest, and the officers in question feel their lives are in danger, the consequences of that action may well be lethal force. Barring that, a conviction on a charge of resisting arrest can impact job prospects, custody hearings, the ability to procure a loan or get an apartment.

If you’ve been charged with resisting arrest and need an Ocala criminal defense attorney, contact Robert Zlatkin today.

Types of Resisting Arrest Charges

There are two types of behavior that can fall under a resisting violence charge in the state of Florida.

Resisting arrest without violence is behavior that attempts to obstruct the officers during a lawful arrest of someone. Behavior that might be considered resisting arrest without violence includes:

  •         Refusing to comply with verbal commands by an officer of the law
  •         Refusing to place one’s hands behind their back as directed by an officer of the law
  •         Offering false or misleading information when questioned by an officer of the law
  •         Concealing evidence


Resisting arrest without violence in the state of Florida is a first-degree misdemeanor, and punishable by up to a year of prison and/or probation and a fine of as much as $1000. Being convicted becomes part of the offender’s permanent criminal record.


Resisting arrest with violence is a much more charge with vastly less latitude for interpretation or defense and the very real possibility of serious, and even deadly consequences. Simply put, any aggression or physical hostility on the part of the person being arrested can and will be interpreted as resisting arrest with violence. Acts that would rise to the level of resisting arrest with violence include:

  •         Shoving an officer of the law
  •         Punching or trying to punch an officer of the law
  •         Kicking or attempting to kick an officer of the law
  •         Spitting at an officer of the law
  •         Attempting to use a weapon against an officer of the law


Resisting an arrest with violence is a third-degree felony that carries the possibility of as many as five years of prison, five years of probation, and a fine of up to $5,000. Even for someone with little or no criminal history and no injuries to the officers, the likelihood of as much as six months incarceration is extremely high. Where there is injury to officers, or a weapon is involved prison time is a foregone conclusion.

Legal Defenses to a Charge of Resisting Arrest in Ocala

Resisting arrest with or without violence is a serious and very dangerous criminal offense that is prosecuted vigorously and to the fullest extent of the law in the state of Florida. To convict a person on a resisting arrest charge, the prosecution will need to prove:

  •         The defendant resisted the officer or other obstructed them during the carrying out of their legal duty
  •         The officer was in fact carrying out a lawful arrest
  •         The defendant knew they were resisting an officer of the law while they carried out a lawful arrest
    • This means off duty officers or undercover officer who don’t identify themselves cannot make lawful arrests
    • It is not illegal to resist a citizen’s arrest

Call Robert Zlatkin, Ocala Attorney at Law

Robert Zlatkin has years of experience with the criminal defense system, and understands the intricacies of being charged with resisting arrest in Ocala, FL. He will leverage his extensive knowledge of Florida criminal statutes, and thousands of hours of real time courtroom experience to make sure you receive the finest legal representation possible.


Call Robert Zlatikin, Ocala Criminal Defense Lawyer for legal counsel against a charge of resisting arrest today.

Let Robert help you!

If you have any questions, call or email Robert today for a free case review/consultation.

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