Understanding the actions that constitute resisting arrest in South Carolina is essential to building a strong defense strategy. Please continue reading to discover the penalties you can face for resisting arrest if charged, and the importance of working with an experienced Chesterfield County Defense Lawyer to explore your legal options.
What is Resisting Arrest?
In South Carolina, a person can be charged with resisting arrest when they intentionally interfere with a law enforcement officer’s lawful attempt to arrest them. This interference can take various forms, including physical force, threats, passive resistance, or fleeing the scene. Examples of resisting arrest include:
- Refusing to comply with an officer’s instructions
- Pulling away or physically struggling with an officer during an arrest
- Threatening or harming an officer or another person during an arrest
- Intentionally blocking an officer’s path
You should note that verbal opposition, such as yelling or swearing, doesn’t automatically constitute resisting arrest. Generally, it must manifest as a physical or violent action towards the officer.
Is This a Criminal Offense?
If you are accused of resisting arrest, the severity of the offense will determine whether resisting arrest is a misdemeanor or a felony. In South Carolina, you can be charged with a misdemeanor if you knowingly and willfully resist, obstruct, or oppose a law enforcement officer attempting an arrest, but without causing physical harm. This offense is punishable by a maximum of one year in prison and a fine ranging from $500 to $1,000. If the resistance involves violence or results in bodily injury, the charge is upgraded to a felony. This offense is punishable by a maximum sentence of 10 years in prison and a fine ranging from $1,000 to $10,000.
It’s important to note that resisting arrest can lead to additional charges such as assault or obstruction of justice. Even if you believe that the arrest is unlawful, it’s in your best interest to comply with the officer’s commands. If you are arrested and believe that your constitutional rights have been violated, consult with a qualified criminal defense attorney as soon as possible.
What Defenses Are Available?
There are several legal defenses that can be used against a charge of resisting arrest in South Carolina. A key defense is arguing that the officer’s arrest was unlawful, such as lacking probable cause. A skilled criminal defense attorney can argue that you had the right to defend yourself and acted in response to the unjustified force by the officer, not a conscious attempt to resist. Self-defense can be raised if you believe you were in imminent danger of harm from the officer. If you can demonstrate that you were unaware you were being arrested, a lack of knowledge can be a defense.
To determine the most effective defense strategy, consult with a seasoned attorney from The Cockrell Law Firm, P.C. Our legal team is prepared to guide you on how to navigate these difficult times.
