On August 1, 2024, a significant change to Louisiana’s Resisting an Officer law under La. R.S. 14:108 took effect. This new provision emphasizes the “obstruction of” an officer, specifically targeting drivers who refuse to provide their driver’s license upon request during a lawful stop. The updated law makes it explicitly illegal for a driver to withhold their state-issued identification when lawfully detained by an officer who has exhausted all other means to verify their identity.
This legislative update responds to the growing trend of individuals challenging officers by refusing to cooperate during traffic stops. While it’s often advised to comply with law enforcement and address any disputes later with legal counsel, knowing your rights is equally important. Our team at John D. & Eric G. Johnson is here to help.
Understanding the Purpose of Louisiana’s New Law
In recent years, there’s been an increase in individuals refusing to cooperate with police officers, often influenced by social media trends. The following behavior can escalate situations unnecessarily and lead to additional charges:
- Withholding identification
- Filming interactions
- Refusing to answer basic questions
The law aims to curb such behavior by stating that failure to provide identification during a lawful stop is illegal. Cooperation with law enforcement typically results in smoother interactions, but those who defy this standard may now face more stringent legal consequences.
What Constitutes Resisting an Officer in Louisiana?
Resisting an officer in Louisiana is defined as intentionally interfering with, opposing, or obstructing an individual acting in their official capacity under the law. That can occur during a lawful arrest, detention, or the execution of legal processes or court orders.
Key aspects of the law include:
- The officer must have a legal right to arrest or detain
- Resistance must be intentional
- The law applies not only to the person being arrested but also to any third party who interferes with the arrest process
Louisiana’s definition of obstruction includes various actions, such as fleeing from an officer, using violence, refusing to provide identification, or failing to disperse when ordered. Each of these actions can lead to a charge of resisting an officer, but the state of Louisiana must prove that the actions were intentional and criminal.
Penalties for Resisting an Officer in Louisiana
The penalties for resisting an officer in Louisiana can vary based on whether the charge is a misdemeanor or felony. The new law does not change the basic penalties but reinforces consequences of non-compliance during traffic stops.
Resisting an officer without violence is classified as a misdemeanor. Penalties include a fine of up to $500 and a jail sentence of up to six months.
If force or violence is involved, the charge escalates to a felony. Penalties for felony resisting an officer may include a fine of up to $2,000 and a prison sentence ranging from one to three years.
Legal Defenses Against Resisting an Officer Charges
Several defenses might be available depending on the circumstances if you are charged with resisting an officer. Attorney Eric Johnson and the John D. & Eric G. Johnson Law Firm team will evaluate your case to determine the most effective defense strategy. Possible defenses include:
Self-Defense
If the officer used excessive or unreasonable force, you might claim self-defense. However, the response must be proportionate to the threat.
Unlawful Arrest
If the arrest lacked probable cause or a warrant, you may resist without committing a crime. In Louisiana, citizens have the right to resist an unlawful arrest.
Seek Legal Help From an Experienced Louisiana Criminal Defense Lawyer
Charges for resisting an officer can carry damaging consequences, potentially impacting your future. If you face such charges, it’s critical to act quickly and secure the services of a knowledgeable criminal defense lawyer. Our team at John D. & Eric G. Johnson Law Firm has over 20 years of experience defending clients against criminal charges, meaning we understand how Louisiana state courts operate.
Contact John D. & Eric G. Johnson Law Firm today at (318) 377-1555 or complete our contact form to schedule a free consultation today.