When Louisiana police attempt to make a lawful arrest, individuals are legally required to comply. Any form of resistance, intentional or due to frustration or confusion, can result in serious charges. Understanding what actions constitute resisting arrest in Louisiana is essential to avoid exacerbating the situation during an encounter with law enforcement.
Resisting arrest, also called resisting an officer, can compound existing charges, leading to aggravated penalties like lengthy jail time and hefty fines. Having a seasoned criminal defense attorney can be highly beneficial if you’re confronted with criminal charges that include resisting an officer. John D. and Eric G. Johnson Law Firm will work hard to challenge the charges to help secure the best possible outcome for you.
What Qualifies as Resisting Arrest Under Louisiana Law?
In Louisiana, resisting arrest, also known as resisting an officer, involves intentionally interfering with or opposing a police officer performing their lawful duties. According to Louisiana law RS 14:108, this can include actions such as:
- Violence: Using or threatening physical force against an officer.
- Flight: Attempting to escape or flee from an officer who is making an arrest.
- Refusal to identify: Refusing to provide identification or providing false information.
- Interference: Physically or verbally obstructing an officer’s attempt to arrest another person.
If you face these charges, consulting with an experienced criminal defense attorney can provide guidance to protect your rights and freedom.
What Are the Penalties for Resisting an Officer in Louisiana?
The penalties for resisting an officer in Louisiana depend on the severity of the actions and whether force or violence was involved. Non-violent resistance to arrest is generally considered a misdemeanor, carrying lighter penalties than resistance involving force or violence, which is classified as a felony.
Misdemeanor Penalties
For non-violent resisting arrest, the penalties may include:
- Up to 6 months in jail
- Fines up to $500
Even though these penalties are for misdemeanors, they can still have a lasting impact on your life, including having a criminal record that can affect future employment opportunities. It’s imperative to address these charges tactfully and seek legal counsel promptly.
Felony Penalties
When resisting arrest involves violence or threats, the consequences are more severe:
- 1 to 3 years in prison
- Fines up to $2,000
Resisting an officer with force or violence is a serious offense with significant legal repercussions. Legal representation can significantly impact the result of your case, potentially lessening the penalties or even leading to a dismissal of the charges.
What Are the Potential Defenses to Resisting Arrest Charges in Louisiana?
Partnering with an experienced criminal defense lawyer when facing resisting arrest charges will help your situation result in the most favorable outcome possible. Common defenses include:
Unlawful Arrest
An unlawful arrest occurs when a police officer detains someone without probable cause or a proper warrant. In such cases, any resistance may be justified. However, to use this defense, it must be proven that the officer did not have the legal authority to make the arrest.
Self-Defense
The defendant may claim self-defense if the arresting officer used unreasonable or excessive force. This defense is valid only if the force used was proportional to the threat posed by the officer. The defendant cannot have been the first to use force. Otherwise, this defense may not be applicable.
Factual Error
A factual error defense argues that the facts presented by the prosecution do not match the actual events. That may include discrepancies in police reports or evidence, such as body camera footage, that contradicts the officer’s account. Demonstrating these inconsistencies may weaken the prosecution’s case and result in a reduction or dismissal of charges.
Consult a Seasoned Criminal Defense Lawyer in Louisiana Today
Facing a resisting arrest charge in Louisiana can lead to severe penalties that impact your freedom, finances, and reputation. Realizing what actions constitute resisting arrest can help protect your rights before a situation arises. Attorney Eric of John D. & Eric G. Johnson Law Firm has decades of experience advocating for clients facing resisting an officer and many other criminal charges. He’ll work diligently to investigate your case, challenge the prosecution’s evidence, and achieve the best possible outcome for you.
Don’t let a resisting arrest charge jeopardize your future. Contact John D. & Eric G. Johnson Law Firm to schedule a free consultation with experienced Louisiana resisting arrest attorneys. We’re here to provide you with the legal guidance and representation you need. Call us today at (318) 377-1555 or complete our contact form to get started.