Florida Statute 843.02 — resisting an officer without violence, written as RWOV or “resist w/o” on booking sheets — makes it a first-degree misdemeanor (up to 1 year) to “resist, obstruct, or oppose” an officer in the lawful execution of a legal duty, without violence. It is among the most-charged offenses in Polk County, often added on top of another arrest — and sometimes it is the only charge.
What counts as “resisting”
Pulling away during handcuffing, refusing lawful commands, giving false information during a lawful detention, running from a lawful stop — conduct, not violence. (Any violence, even minimal, escalates the charge to a felony under § 843.01.)
The element that wins these cases
The officer must have been engaged in the lawful execution of a legal duty at the moment you allegedly resisted. If the underlying stop or detention was unlawful — no reasonable suspicion, an overreached search, a consensual encounter you were free to leave — then walking away or declining to cooperate was not a crime. RWOV cases live and die on the legality of the stop, which is why the bodycam matters more than the arrest report.
The detail most people miss
A standalone RWOV charge — with nothing else — is often the signature of an arrest that started as nothing. Prosecutors know it, judges know it, and a defense lawyer can say it out loud.
Charged with resisting without violence? Call (863) 774-4556 for a free consultation, or send us a message. Board Certified · Reach Us 24/7 · Hablamos Español.
Read the law yourself: Fla. Stat. § 843.02 (official Florida Statutes). Related on this site: Obstruction charge defense.
Legally reviewed by Tonmiel Rodriguez, Board Certified in Criminal Trial Law by The Florida Bar. The Rodriguez Law Office defends these charges across Polk, Highlands, and Hardee Counties. This article is general information about Florida law, not legal advice about your case.