How a Minor Arrest Becomes a Felony in Florida
Some of the hardest calls Attorney Ron Frey gets start the same way. “It was supposed to be a ticket.” A crash, an expired license, a loud argument outside a bar. Then something happened in the next ten minutes, and now there is a felony on the arrest report. A charge of resisting arrest in Florida is one of the most common ways that happens.
Recent reports in the media out of Volusia County offer a vivid example. According to Hoodline, citing the Daytona Beach News-Journal, a man arrested after a DeLand crash on misdemeanor charges, including driving without a license and resisting without violence, allegedly offered the transporting deputy $500, then all of the cash he had on him, to let him go. Body camera reportedly captured the exchange, and a felony bribery charge was added. He is presumed innocent, and the charges are only accusations.
We aren’t writing about that case to judge anyone. We’re writing about it because it shows how quickly an arrest can escalate, and how often the escalation comes from the moments after the initial stop.
Resisting Arrest in Florida: Two Very Different Charges
In Florida, resisting arrest cases come in two main forms.
- Resisting without violence is generally addressed under Section 843.02, Florida Statutes, Resisting officer without violence to his or her person. It can cover conduct like pulling away, refusing commands, or running, and it is generally a misdemeanor.
- Resisting with violence is generally addressed under Section 843.01, Florida Statutes, Resisting, obstructing, or opposing by offering or doing violence. That is a felony.
The difference between the two can come down to a few seconds of contested video. Did the person shove the officer, or flinch? Was there a kick, or a stumble while being placed in a car? Officers write reports quickly, and body camera footage doesn’t always match the report. That is one reason Attorney Ron Frey wants to see every available angle in a Florida resisting arrest case.
There is also a threshold question. A resisting charge generally requires that the officer was acting lawfully at the time. If the stop or detention itself was unlawful, that can matter a great deal.
The Offer That Becomes Bribery
Florida’s bribery law is generally addressed under Section 838.015, Florida Statutes, Bribery. In general, it covers offering a public servant a benefit to influence an official act. A police officer or deputy is a public servant.
People under stress say things they don’t mean. “Can’t we just work something out?” A nervous offer of cash framed as a “tip.” Whether a statement like that is a crime depends on intent and context, and those are real issues for the defense. But because so many officers wear body cameras now, these moments are almost always recorded. (Our post on fraud and bribery charges in Florida covers bribery in the business and public-contract setting.)
Giving a False Name
Another common escalation is giving police a false name or someone else’s identity. Florida law generally addresses this under Section 901.36, Florida Statutes, the prohibition against giving a false name or false identification by a person arrested or lawfully detained. In some circumstances, including when another person is harmed by the false identity, the charge can become more serious.
People usually do this out of fear of a warrant, a suspended license, or immigration consequences. It almost always makes things worse.
Other Ways a Stop Escalates
A few more ways a minor arrest picks up extra charges:
- Tampering with evidence, such as tossing something out a window or swallowing it.
- Battery on an officer, which can arise from the same struggle as resisting with violence. (See our violent crimes defense page.)
- Statements. Things said in the back of a patrol car are often recorded, and they can become the State’s key evidence on a separate charge.
Why the Moments After a Stop Matter So Much
Attorney Ron Frey generally advises that a person who is stopped or arrested stay calm, keep their hands visible, and contact a lawyer. In a resisting arrest case in Florida, arguing on the roadside rarely helps, and it gives the officer more material for the report.
(Our post on Miranda rights explains why the warnings may not be read in every situation, and A Detective Called Me covers what to think about when police want to talk later.)
If an escalation already happened, it is not the end of the story. Video, witness accounts, the lawfulness of the stop, and the person’s history all matter. For people with no prior record, there may be options worth discussing early. (See our first-time offenders page.) And if the call came in the middle of the night from a family member, our post on what to do when a family member is arrested in Tampa is a good place to start.
“Every part of an arrest matters, starting with whether the stop itself was lawful. We review the stop, the search, and everything that happened afterward.”
As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
Charged With Resisting or Another Added Felony? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about a resisting arrest, bribery, false-name, or other added charge in Tampa, Hillsborough, Pinellas, or elsewhere in Florida, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
Laws on resisting, bribery and related charges are changing quickly, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.