Resisting And Fleeing
Fla. Stat. 843.02 — without violence a misdemeanor, with violence a felony
| The offense | What it is | The degree |
|---|---|---|
| The offenseResisting without violence | What it isResisting, obstructing or opposing an officer in the lawful execution of a legal duty, without offering or doing violence | The degreeFirst degree misdemeanor, up to 1 year and $1,000 |
| The offenseResisting with violence | What it isKnowingly and willfully doing so by offering or doing violence to the officer | The degreeThird degree felony, up to 5 years and $5,000 |
| The offenseFleeing or eluding | What it isKnowing an officer ordered the vehicle to stop, willfully refusing to stop, or stopping and then fleeing | The degreeThird degree felony |
The misdemeanor needs a lawful duty. Resisting without violence reaches an officer in the execution of legal process or in the lawful execution of a legal duty.
Fleeing a marked patrol vehicle with siren and lights on is also a third degree felony, and it becomes a second degree felony where the driver goes at high speed or with wanton disregard for safety, and a first degree felony where that causes serious bodily injury or death.
Sources for this section (5)
- Fla. Stat. 843.02 — Resisting officer without violence to his or her person
- Fla. Stat. 843.01 — Resisting officer with violence to his or her person
- Fla. Stat. 316.1935 — Fleeing or attempting to elude a law enforcement officer
- Fla. Stat. 775.082 — Penalties; applicability of sentencing structures
- Fla. Stat. 775.083 — Fines
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.