That’s mostly a question of popular support and government response. If you can act with impunity, it doesn’t matter whether your actions are legal.

Non-violent resistance tends to be more effective at gathering support. If the support is there and non-violence doesn’t achieve the desired result, violence is the likely escalation. However, because the state generally has a greater capacity to apply force, that support is critical to help the opposition evade enforcement.

Of course, if the government supports the extra-legal violence, the whole theoretical framework of resistance is out the window anyway.