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Getting resisting arrest charges dropped in SC can happen in four ways:
- Convince the state solicitor to drop the charges
- Court suppression of evidence, using a motion hearing, effectively makes it impractical for the state to continue the case
- Plea bargain to other offenses, dropping the resisting charges as part of the plea
- Ask the jury to find you not guilty at trial
To get resisting arrest charges dropped, you may raise factual questions about the evidence and the law enforcement officer’s credibility. You may also convince the solicitor to exercise discretion in your favor.
The experienced Columbia criminal defense lawyers at Shealey Law Firm explain how to get resisting arrest charges dropped in SC.
What Counts as Resisting Arrest Under SC Law?
South Carolina has two resisting arrest laws: S.C. Code § 16-9-320 and § 16-3-625. There is also a law for failing to stop a vehicle when signaled by a law enforcement officer, S.C. Code § 56-5-750.
§ 16-9-320(A)
- Oppose or resist
- Law enforcement officer
- Making an arrest or performing a legal process
- Knowingly and wilfully
Misdemeanor, up to one year imprisonment, $500-$1,000 fine
§ 16-9-320(B)
- Assault, beat, wound
- Law enforcement officer
- Making an arrest or performing a legal process
- Knowingly and wilfully
Felony, up to 10 years imprisonment, $1,000-$10,000 fine
§ 16-3-625
- Resisting lawful arrest
- With the use or threat of a deadly weapon
- In possession or claiming possession of a deadly weapon
Felony, two to 10 years imprisonment (no suspended sentence below six months), minimum two years for repeat offenders
§ 56-5-750 – Failure to stop motor vehicle
- Failing to stop a vehicle when signaled by law enforcement (siren or flashing light)
- Includes increasing speed and fleeing
- Penalties vary based on circumstances. First offense is a misdemeanor, 90 days to three years in jail, plus a fine and driver’s license suspension
- Increasing penalties for repeat offenses, creating a dangerous situation, or causing great bodily injury or death
Legal Defenses That May Get the Charge Dropped
You didn’t act wilfully and knowingly.
Resisting arrest doesn’t happen by accident. The state must prove that you acted willfully. You may say that you weren’t aware the person was a law enforcement officer and that you were being arrested. The viability of this defense may depend on the circumstances, including what the law enforcement officer was wearing and what they told you was happening.
You did not resist or oppose.
Sometimes, law enforcement will say that you resisted when you were compliant. There may be a factual dispute between you and the officer. An officer may want to increase the charges for plea bargaining, or they may simply exaggerate your actions. Bystander witnesses and camera footage can help present your defense.
The officer provoked you or violated procedure.
It can be helpful to investigate the law enforcement officer’s background. They may have a history of confrontational arrests. Bringing this history to the solicitor’s attention can help them put the case in perspective. There are procedures for requesting law enforcement reports, and you may need to research law enforcement departmental policies for making arrests.
There was a violation of rights or excessive force.
You may argue that law enforcement stopped you without probable cause or that the arrest was unlawful. In addition, you may argue that the law enforcement officer used excessive force.
Not all elements were met.
Some resisting arrest charges require unique elements, such as the person violating a traffic law, a weapon being involved, or great bodily harm resulting. Challenging these details may result in a reduction or dismissal of charges.
A plea bargain is agreed to.
A resisting arrest charge may be addressed as part of a plea bargain. If the person has multiple charges, a plea bargain could apply to certain charges in exchange for the dismissal of resisting or fleeing. Alternatively, you may plead guilty to a reduced or less serious charge. A defense attorney for resisting arrest charges can negotiate your case.
How to fight resisting arrest charges
Some resisting arrest charges are provoked or exaggerated by law enforcement, hoping to make the situation more complicated for a defendant. Others are a mistake, misinterpretation, or confusion. Fighting the charges means evaluating everyone’s conduct, including the perspective of the person charged.
If the law enforcement officer has a high rate of resisting arrest reports, it may be worth investigating their pattern of behavior and whether they escalate tension during traffic stops. Presenting this information to the solicitor may help them evaluate the case from a new perspective.
Can Body Camera Footage Help Your Case?
Body camera footage can help defend against a resisting arrest charge. Because law enforcement credibility is often a key question when it comes to resisting charges, body camera footage can help scrutinize the law enforcement officer’s testimony. Your attorney can help you determine if there is body camera footage and request it to help build your case.
Contact a Columbia Criminal Defense Lawyer
Resisting arrest charges can bring serious consequences in South Carolina. At Shealey Law Firm, we explore all opportunities to fight your case, including how it may be possible to get charges dropped. Contact us to talk to a Columbia criminal defense lawyer and start your case.