Can you legally resist arrest in SC? Myrtle Beach changed its law for charge
It can probably be said that no one wants to get arrested.
And oftentimes – whether right or wrong – a person may put up a fight to avoid going to jail.
Under South Carolina law, that’s called resisting arrest. But a person doesn’t just have to fight with an officer to be charged with resisting arrest.
A person could also face the charge if they flee from police or even drive away when an officer is trying to pull them over for speeding.
The grounds for resisting arrest are fairly subjective, according to information provided by Kent Collins Law Firm in Lexington, South Carolina. But basically state law dictates that a person can be charged if they knowingly and willfully resist or oppose an officer while they are attempting to make an arrest.
Myrtle Beach City Council recently approved altering the city’s ordinance regarding resisting arrest in an attempt “to remove the ambiguity in the old language, which could be intepreted to mean resisting arrest only applied after someone was already in custody,” according to text from Myrtle Beach Police spokesperson Randolph Angotti.
The current city ordinance says, “It shall be unlawful for any person, after having been placed under arrest or taken into custody by a law enforcement officer, to physically resist arrest whether actively or by flight.”
The change to the ordinance will make it clearer that a person could be charged during an investigation or active police work. That also could include those not originally approached by an officer if that person gets in the way of an officer’s investigation.
“The change makes it clear that a person can be charged if they obstruct, delay or flee from an officer performing their lawful duties during an investigation,” Angotti said by text. “It’s about having a clear, consistent ordinance that makes the law clear.”
Depending on what occurs, the resisting arrest charge could be a felony or misdemeanor.
Using violence, or purposely injuring or wounding an officer, or using a deadly weapon, can be considered a felony. Non-violent resisting an officer is typically a misdemeanor and is usually when a person is ignoring the commands and directives of law enforcement.
A person can face fines anywhere from $500 to up to $10,000 and possibly 1 to 2 years in prison for resisting arrest.
With all that, can a person lawfully resist arrest? The answer is yes, according to state law.
While law enforcement officers can use necessary force during an arrest, if the arresting officer is acting violently or unjustifiably, the arrestee may protect themselves and resist their arrest, according to information provided by Christopher A. Wellborn, an attorney in Rock Hill.
Any arrest that is not authorized by law, such as an arrest without probable cause or a warrant, is deemed unlawful. In South Carolina, the law allows a person to apply reasonable force to resist an unlawful arrest, Wellborn writes in a law blog.
But that doesn’t mean the person won’t be charged with resisting arrest, Wellborn points out, and whether that person is convicted depends on the court process.
