Can You Tell a Cop to “Lower His Voice” and Get Away With It?

By: John Guidry

Nobody likes a smart aleck. Even freedom-loving folks like me cringe when citizens disrespect government officials—even when we have a Constitutional right to do so.

But let me tell you about one kid who told a cop to “lower his voice” and got punched in the face for it.

Before we get to the story, you need to understand something. If you’ve been charged with Resisting an Officer with Violence, that is often just a fancy way of saying a cop beat you up. It’s sort of like how the word “organic” is a grocery term for “overpriced” (yes, I stole that from Jim Gaffigan).

Armed with this knowledge, let’s look at a real-life example of how a few words turned into a felony arrest.

Charged with Resisting an Officer in Orlando?

Call John today at (407) 423-1117. We know how to fight back when the police overstep.

The Legal Breakdown: M.M. v. State

This case, M.M. v. State, 72 So. 3d 328 (Fla. 4th DCA 2011), is a perfect example of what happens when police ego gets in the way of the law.

Here is how it went down:

• The Call: Officers responded to a report of a potential battery or street fight.
• The Scene: When they arrived, there was no fight. There were just four people standing around.
• The Interaction: One officer stopped two of the people. The other two, including M.M., started walking away.
• The Confrontation: The officer ordered M.M. to stop. M.M. refused and essentially told the officer, “Don’t raise your voice at me.”
• The Reaction: The officer didn’t like that. He punched M.M. and arrested him for Resisting an Officer with Violence.
• The Verdict: At trial, M.M. was convicted of the lesser included offense of Resisting an Officer Without Violence.

The Ruling: Was this legal? Heck no. The Fourth District Court of Appeal overturned the conviction.

• No “Lawful Duty”: To be convicted of resisting, the officer must be “engaged in the lawful execution of a legal duty.”
• No Reasonable Suspicion: Since the officer saw no fight and had no evidence M.M. had committed a crime, he had no legal right to order M.M. to stop.
• The Result: Because the stop was illegal from the start, M.M. had the right to walk away. The entire case was thrown out.

John’s Takeaways

It is a shame that a citizen has to go all the way to an appeals court just to prove that walking away isn’t a crime, but it happens. Here is what you need to know if you are stopped in Orange, Seminole, or Volusia County:

• “Lawful Duty” is the Key: If the officer isn’t doing something legal (like a valid stop based on reasonable suspicion), you technically cannot be guilty of Resisting Without Violence. We fight to prove the cop was out of line.
• Don’t Fight on the Street: Even though M.M. eventually won, he still got punched and arrested. It is always safer to comply in the moment and let me fight the battle in the courtroom.
• Walking Away is Not a Crime: Unless you are being detained for a crime, you generally have the right to go about your business. Police hate this, but it’s the law.
• Words Are Not Weapons: Telling a cop to “lower his voice” might be rude, but it isn’t illegal. Being disrespectful is not a valid reason for an arrest.

Fight the Charges, Not the Officer

If you have been charged with Resisting an Officer—whether with or without violence—don’t assume the police report is the final word. Officers make mistakes, and they often try to cover up their aggression with a “Resisting” charge.

I’ve been defending these cases for over 30 years. I know how to spot when a cop was acting outside their legal duty.

Call me at (407) 423-1117. Let’s get your defense started.

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.