In South Carolina, resisting arrest charges carry significant consequences far beyond a simple infraction. These serious penalties can include jail time, fines, and a permanent criminal record. To build a strong defense, you must first understand the actions that constitute resisting arrest. Keep reading to learn about the potential penalties you can face upon conviction and how an experienced Chesterfield County Defense Lawyer can help protect your rights.
What Actions Can Lead to a Resisting Arrest Charge in South Carolina?
Under Section 16-9-320 of the South Carolina Code of Laws, “it’s unlawful for a person knowingly and willfully to oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process or to resist an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.” Interferences that can lead to a resisting arrest charge in South Carolina include:
- Declining to follow a law enforcement officer’s directives
- Tugging away or engaging in a physical altercation with an officer while being detained
- Issuing threats of violence or causing injury to an officer or any other individual during the process of arrest
- Deliberately obstructing an officer’s access or movement
It’s important to understand that purely verbal disagreements, such as shouting or using profanity, don’t meet the criteria for resisting arrest. The act must involve some form of bodily or aggressive behavior directed at the officer.
What Are the Potential Penalties?
If you’ve been accused of resisting arrest in South Carolina, the specific penalties resulting from a conviction are determined by the unique circumstances of the incident. Generally, you can be charged with a misdemeanor if you deliberately and intentionally impede, hinder, or stand against a law enforcement officer attempting to make an arrest, provided no physical harm occurs. This crime carries a penalty of up to one year behind bars and a fine between $500 and $1,000.
If the resistance involves force or results in bodily injury, the offense is elevated to a felony. This crime carries harsher penalties, which include a maximum of 10 years behind bars and a fine of $1,000 to $10,000.
In addition to these charges, you may face additional penalties for battery or obstruction of justice. Even if you believe the detainment isn’t warranted, cooperating with the officer’s directives is advisable. If you’re taken into custody and suspect your constitutional rights have been violated, seek counsel from a qualified Chesterfield County defense lawyer.
Consult with a knowledgeable attorney at The Cockrell Law Firm, P.C. to determine the most effective defense strategy given the unique circumstances of your case. Our legal team is ready to guide you through these tough times.