Resisting Arrest in South Carolina

Every state has laws regarding resisting arrest or resisting an officer, South Carolina is no different, but some of the specific requirements may be different.  One of the differences is the name of this particular crime, resisting arrest in South Carolina is know as Opposing or resisting law enforcement officer serving process; or assaulting officer engaged in serving process.

Though there are many situations where this can happen, in this blog we will discuss specifically resisting arrest, resisting service of a legal document, and assaulting an officer that is attempting to do those things. These laws are explained in South Carolina General Statute 16-9-320.

Opposing or resisting law enforcement officer who is serving process

• According to South Carolina criminal law, “It is 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.”
• This would seem to include not only resisting arrest but resisting being served a summons for a civil matter.

Punishment for resisting arrest in South Carolina

• If it is proven beyond a reasonable doubt that a person who violated this law, he or she would be found guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year, or both.

Assaulting an officer engaged in serving process

• According to South Carolina criminal law, “It is unlawful for a person to knowingly and willfully assault, beat, or wound a law enforcement officer engaged in serving, executing, or attempting to serve or execute a legal writ or process or to assault, beat, or wound an officer when the person is resisting an arrest being made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.”
• Simply put, assaulting an officer is always a serious crime when that officer is acting within the scope of his duties.

Punishment for assaulting an officer in South Carolina

• If is proven beyond a reasonable doubt that a person violated this law, he or she would be found guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned not more than ten years, or both.

If you have been charged with a misdemeanor or felony in North Carolina or South Carolina contact us.  At Gilles Law, we handle both state and federal criminal law in both states.