South Carolina law outlines various offenses under the category of “resisting arrest,” from minor misdemeanors to serious felonies. Often, the distinction between these charges comes down to the actions taken during the arrest. Having a Greenville criminal defense attorney advocate for you can ensure that your actions are accurately represented, rather than distorted to fit a perception of guilt.
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Johnathan MWhat is Resisting Arrest in South Carolina?
South Carolina primarily addresses resisting arrest through two statutes: SC Code Section 16-9-320 and SC Code Section 16-3-625.
SC Code 16-9-320(A): Opposing or Resisting an Officer (Misdemeanor) Under this law, it’s illegal to oppose or resist a law enforcement officer knowingly and willfully while they execute a legal writ or arrest. This applies even if the arrest is later deemed invalid.
Two critical elements matter here: First, you must have known, or reasonably should have known, that the person was a law enforcement officer. Second, the resistance must have been intentional and deliberate. It’s crucial to understand that even passive resistance can meet this standard, making it essential to have knowledgeable legal counsel to navigate these complexities.
SC Code 16-9-320(B): Assaulting a Law Enforcement Officer (Felony) If resistance escalates to assault, beating, or hurting the officer, the charges increase to a felony. This involves more than verbal defiance; it requires actual physical assault on the officer. The distinction between misdemeanor and felony charges can often hinge on the degree of contact, which underscores the necessity of detailed legal analysis.
SC Code 16-3-625: Resisting Arrest with a Deadly Weapon (Felony) This statute applies if resistance involves using or threatening to use a deadly weapon, or claiming to possess one. It’s the most severe charge under the resisting arrest category and requires immediate legal intervention to mitigate potential penalties. South Carolina courts treat this charge with heightened seriousness, emphasizing the need for swift legal action.
Penalties for Resisting Arrest in Greenville, SC
Opposing or resisting an officer (16-9-320(A)): Misdemeanor. Fine between $500 and $1,000, up to one year in jail, or both.
Assaulting a law enforcement officer (16-9-320(B)): Felony. Fine between $1,000 and $10,000, up to 10 years in prison, or both.
Resisting with a deadly weapon (16-3-625): Felony. Between 2 and 10 years in prison, with harsher penalties for second and subsequent offenses.
Even the misdemeanor tier involves significant consequences. A minimum fine of $500, up to a year in jail, and a permanent record can deeply impact your life. When combined with a disorderly conduct charge or a fleeing police charge, the potential penalties increase significantly.
Judges within the 13th Judicial Circuit have discretion in sentencing within the permitted range. This discretion can be beneficial or detrimental, depending on the facts presented and your legal representation. Understanding the tendencies of local judges and the nuances of the judicial process in Greenville can provide strategic advantages.
How Resisting Arrest Cases Are Prosecuted in Greenville County
Resisting arrest misdemeanor charges in Greenville County may be processed in either the magistrate court or Greenville Municipal Court, depending on the incident’s location and the arresting agency. Felony charges go to the Greenville County Court of General Sessions, managed by the 13th Judicial Circuit Solicitor’s Office.
The arresting officer’s account is crucial in these cases. Officers file detailed incident reports about what they observed. Many officers now wear body cameras, and dashcam footage is common. This footage can either challenge or corroborate the officer’s written account. The existence of such evidence can significantly influence the course of your defense strategy.
Prosecutors often add a resisting arrest charge as a secondary offense to enhance use during negotiation. If the main charge resolves favorably, the resisting charge provides something for the prosecution. This tactic highlights the importance of having a skilled attorney who can negotiate effectively.
A stalking charge, a failure to appear warrant, or other pending matters in the same circuit can influence your resisting arrest case. These factors can complicate your legal situation, making it imperative to have comprehensive legal representation.
Defense Strategies for Resisting Arrest
There are several valid defenses to resisting arrest charges in South Carolina.
Lack of knowledge of officer status: SC Code 16-9-320(A) requires you to know or reasonably should have known that you were dealing with an officer. If a plainclothes officer made the arrest without identifying themselves, this aspect is contestable. The burden of proof lies with the prosecution to establish your awareness.
Absence of willfulness: The statute demands intentional resistance. Pulling away instinctively or being verbally uncooperative may not meet this threshold. The prosecution must demonstrate intent, not just a scared reaction. Legal counsel can argue that your actions were reflexive, not deliberate.
Unlawful arrest: There’s a limited defense for resisting an unlawful arrest, especially if excessive force was used. This nuanced defense requires careful navigation but is recognized in appropriate situations. Experienced attorneys can present this argument effectively in the right circumstances.
Excessive force: If an officer uses unreasonable force, any reaction may be more defense than resistance. Body and dashcam footage are critical in such cases. An attorney can use this evidence to challenge the prosecution’s narrative.
Challenging the escalation: Whether a charge remains a misdemeanor or escalates to felony depends on the specifics. If the prosecution can’t prove that an officer was physically assaulted, the felony may be reduced or dismissed. Thorough investigation and presentation of facts are essential.
Pretrial intervention: In Greenville County, first-time offenders on misdemeanor charges may access pretrial intervention. Completion can lead to dismissal. An attorney can determine eligibility and advocate for placement in the program. This option can provide an opportunity for rehabilitation and avoidance of a criminal record.
Why You Need a Resisting Arrest Lawyer in Greenville
The officer’s report will present their side of the story. Without legal representation, that perspective goes unchallenged. A lawyer can secure body camera footage, gather witness statements, identify inconsistencies, and construct a narrative closer to reality. This comprehensive approach is essential for mounting a strong defense.
Resisting arrest rarely stands alone. It’s usually combined with other charges. How these are negotiated with the Greenville County Solicitor’s Office, and whether the outcome includes a felony or lesser charge, depends heavily on the quality of your attorney. Skilled negotiation can result in reduced charges or alternative sentencing.
Facing any kind of violence-related charge can have severe consequences for your career, housing, and firearm rights. Misdemeanor charges also leave a mark. After the case is resolved, explore expungement eligibility with an attorney. For juvenile defendants, access to family court protections makes early legal intervention crucial.
John Crangle focuses in resisting arrest defense in Greenville and the 13th Judicial Circuit. Don’t let a heated moment during an arrest shape your entire future.
Contact John Crangle for a consultation today.