Criminal Defense
Since 1993
Since 1993
When is a Police Command “Lawful”? Fighting a Resisting Charge in Orlando
Ever notice that some people just like being bossy? When those people happen to be police officers, it’s usually better to simply obey their commands. But what if the command isn’t lawful? Do you still have to obey? A case involving a juvenile who cursed at an officer gives us the answer.
The charge was Resisting an Officer Without Violence, which is basically the crime of failing to obey the lawful command of an officer. To win these cases, we have to attack one central question: was the officer truly engaged in a lawful legal duty?
Charged with Resisting an Officer in Orlando? Not every command from a police officer is a lawful one that you are required to obey. Call my office to analyze the legality of the order you were given. Call John Guidry: (407) 423-1117
A Real-World Example: The Case of the Kid in the Street
In the case of C.W. v. State, 76 So.3d 1093 (Fla. 3rd DCA 2011), a juvenile named C.W. was standing in the middle of a street.
- The Command: A police officer told him to move out of the roadway.
- The Response: C.W. did not move and instead uttered a few choice words of profanity.
- The Arrest: The officer arrested him for Resisting an Officer Without Violence, stating in the report that C.W. did not “follow the order of said officer to get out of the street where traffic was moving…”
- The Result: C.W. was convicted, but the appellate court overturned the conviction.
The Legal Defense: “On Duty” vs. “Performing a Lawful Duty”
The court’s reasoning is the key to defending these cases. They made an important distinction: there is a major difference between an officer simply being “on duty” and an officer “performing a lawful legal duty.”
The court ruled that while the officer’s initial request for C.W. to move was a reasonable part of their job as community safety officers, they had no legal duty to enforce that insistence with an arrest because there was no evidence that C.W. was actually interfering with traffic. The mere potential to interfere was not enough. Because the command was not tied to an actual crime in progress, it was not a “lawful duty,” and refusing to obey it was not a criminal offense.
It’s worth noting that one judge dissented, believing that enforcing traffic laws was a lawful duty. This shows how legally complex and debatable these cases can be.
John’s Takeaways
- To be convicted of Resisting an Officer, the State must prove you obstructed an officer who was engaged in a lawful legal duty.
- There is a critical legal difference between an officer being “on duty” and “performing a lawful duty” that can support an arrest.
- As shown in C.W. v. State, a command that is not connected to an actual, ongoing crime (like verifiably interfering with traffic) may not be a “lawful duty” that you are legally required to obey.
- Cursing at a police officer, while a bad idea, is not a crime in itself and does not automatically turn an unlawful command into a lawful one.
- These cases are often legally complex, making an attorney with a deep understanding of this case law essential to your defense.
I have been defending clients against these exact types of charges in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you feel you were arrested for disobeying an unlawful command, call my office. Let’s talk about your defense.
If you’re looking for more information on resisting an officer without violence, please check out this article “Fighting a Resisting an Officer Without Violence Charge in Orlando.” Also, more info is at this link: https://www.jgcrimlaw.com/practice-areas/criminal-defense/resisting-an-officer/
Also, I’ve got some great videos about resisting an officer without violence charges, so please check out: Resisting Without Violence? Fighting a Resisting Charge.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.