Fighting a “Resisting Officer Without Violence” Charge in Orlando

By: John Guidry II

If you’ve been charged with Resisting an Officer Without Violence in Florida, you may feel the charge is unfair or even completely bogus. You might be right. This first-degree misdemeanor, punishable by up to a year in jail, is often based on an officer’s impatience or ego rather than a true criminal act.

Essentially, the charge comes down to the idea that a police officer told you to do something, and you didn’t instantly obey. After defending clients for over 32 years, I’ve seen countless cases where a vague or rapid-fire command—”move it,” “get away,” “out of the street”—is followed instantly by handcuffs.

Charged with Resisting an Officer in Central Florida? Don’t let an officer’s ego or an unlawful command give you a criminal record. Call my office to build your defense. Call John Guidry: (407) 423-1117

Two Powerful Defenses Against a Resisting Charge

These cases are often “squishy” and highly defensible. The two most powerful defenses we use are based on the legality of the officer’s order and the timing of your arrest.

Defense #1: The Officer’s Order Was Not Lawful This is the most critical point: to be convicted of this crime, the command you disobeyed must have been a lawful order. Officers can give plenty of convenient or helpful instructions that are not legally enforceable commands. If the order is not legal, it is not a crime to disobey it.

A perfect example comes from a real case I handled:

• My client was pulled over for a traffic ticket. The officer legally ordered him out of the car.
• After receiving his citation, my client, who felt ill, refused the officer’s subsequent order to get back into the car. The officer arrested him for resisting.
• We won that case because while police can order you out of a car for safety, they often have no legal right to order you back in once the traffic stop is concluded. It was an unlawful command.

Defense #2: You Weren’t Given Enough Time to Comply Sometimes, the issue is simple timing. An officer barks out an order and throws on handcuffs instantaneously. How do they know you heard them correctly? Or understood them at all? People often need a moment to process a command, especially in a stressful situation. An instantaneous arrest can be challenged on the grounds that you were never given a reasonable opportunity to comply.

When an Officer’s Ego Leads to a Bogus Arrest

Too often, these charges stem from an officer on a power trip—the “I am King, and you are my subject” mentality where anything less than immediate, unquestioning obedience is met with an arrest. That is not the law. You are allowed to ask a clarifying question even though the officer is not required to answer your questions. An officer is not allowed to arrest you simply for not “snapping” to attention fast enough.

This is a real and provable defense. If you are facing a resisting charge in Orange County, Seminole County, or Osceola County, you need an attorney who is not intimidated and knows how to challenge the officer’s conduct. Feel free to give me a call; we’d be happy to assist you in fighting back.

To take a deeper dive into how resisting charges are handled in Central Florida, you should check out my YouTube videos “Resisting Without Violence? Fighting a Resisting Charge” and “Resisting an Officer Without Violence, Is It Legal to Run?“

Author Bio: 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.