Understanding Resisting Arrest in South Carolina 
Resisting arrest in South Carolina is defined under S.C. Code Ann. §16-9-320 as willfully preventing or attempting to prevent a law enforcement officer from performing a lawful duty. This includes both physical acts, such as pulling away, fleeing, or using force, and certain forms of non-physical resistance, depending on the circumstances. The law distinguishes between simple and aggravated forms of resisting arrest, with the latter involving additional factors such as the use of a weapon, assault on an officer, or causing bodily injury.
South Carolina law requires that the officer performing the arrest must have legal authority, meaning probable cause or a valid warrant must exist. If the arrest is lawful, even minor physical resistance can result in criminal charges. Conversely, if the officer does not have legal authority, an individual’s attempt to resist may be considered legally justified. Understanding these nuances is crucial, as the interpretation of events can influence whether charges are brought as a misdemeanor or escalated to a felony.
Potential Penalties for Resisting Arrest
Penalties vary depending on the severity of the incident, prior criminal history, and whether additional crimes were involved.- Misdemeanor resisting arrest is punishable by up to 30 days in jail, fines of up to $500, or both.
- Felony resisting arrest, which usually involves violent acts or the presence of a weapon, carries significantly harsher penalties, including several years of incarceration.
- Convictions can also result in probation, mandatory community service, and a permanent criminal record.
- A resisting arrest conviction may affect professional licensing, employment opportunities, and future interactions with law enforcement.
The Arrest Process and Legal Considerations
Being aware of the arrest process can help individuals and their attorneys evaluate whether legal defenses are available.- Law enforcement must establish probable cause to make a lawful arrest. This means the officer has a reasonable basis for believing a crime has been committed.
- During an arrest, officers are permitted to use reasonable force to secure compliance. However, excessive force by officers may be challenged and may support a legal defense against resisting arrest charges.
- Individuals must remain aware that their actions during an arrest—whether physical or verbal—can be scrutinized and may be used to support a prosecution.
Common Defense Strategies in Myrtle Beach
Defense strategies vary based on the specifics of the case. Experienced criminal defense attorneys can help identify which defenses are most viable.- Challenging the legality of the arrest: If the arrest lacked probable cause, any resistance may be legally excused.
- Excessive force claims: Individuals have the right to defend themselves against unlawful force. Evidence of unnecessary or disproportionate force can support a defense.
- Intent: Resisting arrest requires intentional obstruction. Accidental movement, confusion, or panic may undermine the prosecution’s claim of intent.
- Negotiation with prosecutors: Attorneys may negotiate for reduced charges, alternative sentencing, or diversion programs, particularly for first-time offenders.
During this most difficult period of time in my life, Margaret Evans and the staff assisted me during my divorce. I needed legal counsel which was provided professionally and efficiently. Thank you for your prompt and courtesy service to me.
- Mark Hafenbreidel
Made the home closing process quick and easy! We appreciated their quick and clear communications, especially since our closing was over the holidays.
- Alyssa Burke
Client Reviews
See what our clients have to say about our law firm and the people who are a part of it.
Illustrative Case Scenarios
Understanding typical scenarios can shed light on how resisting arrest charges are applied:- Traffic stop incident: A driver attempts to exit the vehicle when an officer approaches. Even minimal resistance, if combined with physical movement, may constitute misdemeanor resisting arrest.
- Physical confrontation: An individual strikes an officer while being detained. This generally results in felony charges due to the physical assault and increased risk to the officer.
The Role of a Criminal Defense Attorney
A knowledgeable attorney in Myrtle Beach provides indispensable assistance throughout the legal process.- Provides immediate guidance when interacting with law enforcement.
- Investigates the facts surrounding the arrest, including reviewing video evidence and interviewing witnesses.
- Negotiates with prosecutors to potentially reduce charges or penalties.
- Represents clients in court, challenging procedural errors or weaknesses in the prosecution’s case.
Additional Considerations
- First-time offenders may qualify for diversion programs or probation, avoiding jail time.
- Multiple offenses or concurrent criminal activity can increase severity and sentencing.
- Maintaining accurate records of events and interactions during arrest is essential for mounting an effective defense.