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Resisting Arrest Defense

Understanding Resisting and Evading Arrest Charges in South Carolina

Resisting arrest involves intentionally preventing a law enforcement officer from lawfully performing their duties. This can include actions like running away, physically struggling, or using threats or force against the officer. Evading arrest, on the other hand, typically involves fleeing from law enforcement to avoid apprehension. In South Carolina, both resisting and evading arrest are treated as serious offenses, often leading to severe penalties, including fines, imprisonment, and a permanent criminal record. Understanding the specifics of these laws and your rights is crucial if you are facing such charges.

The Importance of Experienced Legal Defense

Facing charges of resisting or evading arrest can be daunting due to the potential consequences. At Thompson and Hiller Defense Firm, we have extensive experience defending clients against these serious charges. Our team is committed to thoroughly investigating your case, challenging the evidence, and developing a strong defense strategy tailored to your unique situation. We are dedicated to protecting your rights and achieving the best possible outcome for your case.

South Carolina Law on Resisting and Evading Arrest

In South Carolina, resisting arrest is governed by several statutes under the South Carolina Code of Laws, specifically under Title 16, Chapter 9, which addresses offenses against public justice. Evading arrest is typically prosecuted under the same statutes, depending on the circumstances of the case.

Resisting Arrest (S.C. Code § 16-9-320)

  • Simple Resisting Arrest: If you resist or interfere with a law enforcement officer performing their duties, it is considered a misdemeanor. Penalties for a first offense include up to 1 year in jail and/or fines.
  • Resisting Arrest with a Deadly Weapon: If you resist arrest using or threatening to use a deadly weapon, it is classified as a felony, punishable by up to 10 years in prison and/or substantial fines.

Evading Arrest

While South Carolina law does not have a specific statute for evading arrest, actions such as fleeing from law enforcement can still result in charges under the general statutes for resisting arrest, particularly if the act of evasion involves endangering others or using a vehicle to flee.

Factors Affecting Resisting and Evading Arrest Charges

Several factors can influence the severity of resisting and evading arrest charges, including:

  • Use of Force: The level of force used to resist or evade arrest can significantly impact the charges. Using or threatening to use a weapon can elevate the offense to a felony.
  • Injury to the Officer: If the resisting or evading actions result in injury to the law enforcement officer, the penalties can be more severe.
  • Prior Criminal Record: Previous convictions can lead to harsher penalties for resisting or evading arrest.
  • Context of the Arrest: The circumstances surrounding the arrest, such as whether it was part of a larger criminal act, can also affect the charges.

Your Rights When Facing Resisting or Evading Arrest Charges

When facing charges of resisting or evading arrest, it’s essential to understand your legal rights:

  • Right to Remain Silent: You have the right to remain silent and not incriminate yourself. Anything you say can be used against you in court.
  • Right to Legal Representation: You have the right to an attorney. If you cannot afford one, a public defender will be appointed to represent you.
  • Right to Challenge Evidence: You can challenge the evidence against you, including the legality of the arrest and any actions taken by law enforcement.
  • Right to a Fair Trial: You are entitled to a fair trial, where the prosecution must prove your guilt beyond a reasonable doubt.

Common Defenses Against Resisting and Evading Arrest Charges

Several defenses can be used to fight charges of resisting or evading arrest, depending on the specifics of your case. Some common defenses include:

  • Unlawful Arrest: If the arrest was unlawful, you might have a valid defense. An arrest must be based on probable cause or a valid arrest warrant.
  • Self-Defense: If you believed you were in imminent danger of harm from the officer, you might be able to claim self-defense.
  • Lack of Intent: Demonstrating that you did not intend to resist or evade arrest can be a viable defense. This can involve showing that any resistance was unintentional or due to a misunderstanding.
  • Excessive Force: If the officer used excessive force during the arrest, you might have a defense against the charges.

Potential Consequences of a Resisting or Evading Arrest Conviction

A conviction for resisting or evading arrest can have severe and long-lasting consequences beyond immediate penalties like fines and imprisonment. Some potential consequences include:

  • Criminal Record: A conviction will result in a permanent criminal record, which can impact your ability to find employment, secure housing, and obtain certain professional licenses.
  • Financial Burden: Fines, court costs, and legal fees can create a significant financial burden.
  • Social Stigma: A criminal record can affect your reputation and personal relationships.
  • Increased Penalties for Future Offenses: A resisting or evading arrest conviction can lead to harsher penalties for any future criminal charges.

How Thompson and Hiller Can Assist You

At Thompson and Hiller Defense Firm, we understand the gravity of resisting and evading arrest charges and the impact they can have on your life. Our approach includes:

  • Thorough Investigation: We meticulously examine the details of your case, including the circumstances of your arrest and the evidence against you.
  • Challenging Evidence: We challenge the validity of the prosecution’s evidence, including questioning the legality of the arrest and the actions of law enforcement officers.
  • Exploring All Defenses: We explore all possible defenses, from proving lack of intent to questioning the use of force by law enforcement.
  • Personalized Strategy: We develop a defense strategy tailored to your unique situation, aiming to minimize the charges or have them dismissed entirely.

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What constitutes resisting arrest in South Carolina?

Resisting arrest involves intentionally preventing a law enforcement officer from lawfully performing their duties. This can include running away, physically struggling, or using threats or force against the officer.

What are the penalties for resisting arrest in South Carolina?

Penalties vary based on the severity of the offense. Simple resisting arrest is a misdemeanor, punishable by up to 1 year in jail and/or fines. Resisting arrest with a deadly weapon is a felony, punishable by up to 10 years in prison and/or substantial fines.

Can I be charged with resisting arrest if the arrest was unlawful?

You may have a valid defense if the arrest was unlawful. An arrest must be based on probable cause or a valid arrest warrant. If these conditions were not met, the charges might be challenged.

 

What is the difference between resisting arrest and assaulting an officer?

Resisting arrest involves preventing an officer from performing their duties, while assaulting an officer involves physical harm or threats of harm. Both are serious offenses, but assaulting an officer typically carries more severe penalties.

Can self-defense be used as a defense against resisting arrest charges?

Yes, if you believed you were in imminent danger of harm from the officer, you might be able to claim self-defense. However, this defense can be complex and requires a thorough analysis of the circumstances.

What constitutes excessive force by a law enforcement officer?

Excessive force refers to the use of more physical force than is necessary to subdue a suspect or maintain control of a situation. If excessive force was used, it could be a defense against resisting arrest charges.

How can I prove that the arrest was unlawful?

Proving an unlawful arrest involves demonstrating that the arrest lacked probable cause or a valid arrest warrant. This can require a detailed examination of the events leading to the arrest and the actions of law enforcement officers.

The Impact of Resisting and Evading Arrest Conviction

A conviction for resisting or evading arrest can have profound and lasting effects. Beyond the immediate penalties, it can result in a permanent criminal record, increased insurance premiums, loss of driving privileges, and difficulty finding employment. The social stigma and impact on personal relationships can also be significant. Addressing these charges with a knowledgeable legal team is crucial to minimizing the consequences and protecting your future.

How Thompson and Hiller Can Assist You

At Thompson and Hiller Defense Firm, we are dedicated to providing robust defense strategies for those accused of resisting or evading arrest. We meticulously analyze every aspect of your case, challenge the validity of the evidence, and explore all potential defenses. Our objective is to have the charges reduced or dismissed, protecting your future and your reputation. We are steadfast in our commitment to ensuring your rights are upheld throughout the legal process.

Contact Us for a Free Consultation

If you or someone you know is facing resisting or evading arrest charges in South Carolina, it is critical to have a strong legal defense. Contact Thompson and Hiller Defense Firm today for a free, confidential consultation. We are here to listen, provide sound legal advice, and build a robust defense strategy tailored to your case. Take control of your future and reach out to us now.

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