Resisting Arrest Defense Lawyer & Resisting Arrest  Attorney

Spartanburg Resisting Arrest Lawyer / Greenville Resisting Arrest Lawyer

It is illegal to interfere, oppose or resist a law enforcement officer or assault and officer engaged in the serving process.  Resisting arrest is considered a criminal offense and carries substantial consequences including fines and possible minimum mandatory imprisonment in South Carolina.  If you or a loved one has been charged with misdemeanor resisting arrest or felony resisting arrest, you should immediately seek legal representation from an experienced resisting arrest lawyer and criminal defense attorney that defends criminal offenses.  We represent individuals charged with resisting arrest in Spartanburg, Greenville, Union, Gaffney and throughout the Upstate of South Carolina.  Resisting arrest lawyer, Holman C. Gossett, will provide aggressive and skillful legal representation and will develop a comprehensive criminal defense strategy specific to your individual resisting arrest case.

Resisting Arrest: South Carolina Section 16-9-320

If you are charged with resisting arrest and then subsequently found guilty of this criminal offense (either a misdemeanor or felony), you will be sentenced to fines and possible minimum mandatory imprisonment. Aggravating circumstance involved during the commission of the crime can affect the class and sentencing if you are found guilty.   It is imperative that you seek the representation of a resisting arrest lawyer immediately for legal representation.  The state of South Carolina code of laws SECTION 16-9-320 states:

Resisting Arrest

The state of South Carolina Code defines “resisting arrest” as intentionally and knowingly avoiding or attempting to avoid arrest. The person resisting arrest must actually know or should have known that the individual conducting the arrest was a law enforcement officer.

Resisting arrest under 16-9-320(A) 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. A person found guilty for resisting arrest under the provision of this subsection, is 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.
Resisting arrest under 16-9-320(B) 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. A person found guilty for resisting arrest under the provisions of this subsection is 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.
Resisting arrest with a deadly weapon under 16-3-635 is unlawful for a person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, and the person is in possession or claims to be in possession of a deadly weapon. A person found guilty of resisting arrest with a deadly weapon is guilty of a felony and upon conviction must be punished by imprisonment for not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced under this section for a second or subsequent offense shall have the sentence suspended to less than two years nor shall the person be eligible for parole until after service of two years.

If you have been charged with resisting arrest, w encourage you to contact our Spartanburg resisting arrest defense lawyer to schedule a consultation to discuss your individual case details and your legal options.

Experienced Resisting Arrest Lawyer & Resisting Arrest Attorney

The Spartanburg criminal defense attorney and resisting arrest lawyer, Holman C. Gossett, brings over 38 years of Criminal law experience to each client case including 26 years prosecuting criminal justice offenders and individuals charged with both misdemeanor resisting arrest and felony resisting arrest as an Solicitor  for the Seventh Judicial Court in South Carolina.  This experience from both sides of the legal bench, positions Holman C. Gossett as one of the most highly qualified and skilled Spartanburg criminal defense and resisting arrest lawyers in the Upstate of South Carolina.  Experience Counts.  Results Matter!

Resisting arrest lawyer, Holman C. Gossett, understands how the criminal court system works and brings skillful knowledge on how to defend against your resisting arrest offense, which is a criminal offense and can be either a misdemeanor or a felony crime.  We provide a thorough examination of the evidence and pending case against you, advising you in each step of the process, while seeking legal options to defeat the pending charges or a reduction of sentencing.  We understand how the prosecution builds their resisting arrest cases and we pursue various legal strategies that include pre-trial investigation, pre-trial motions practice, and criminal defense trial preparation.

Consult a Spartanburg Resisting Arrest Lawyer & Greenville Resisting Arrest Lawyer

If you or a loved one has been charged with felony resisting arrest, misdemeanor resisting arrest or resisting arrest with a deadly weapon, the consequences of conviction may carry substantial fines, mandatory minimum imprisonment and life altering effects.  We encourage you to contact our criminal defense lawyer and resisting arrest attorney, Holman C. Gossett to review your legal options by calling 864.582.2996 or online for a free initial consultation.  Don’t wait to act.  Time is critical.  Experience counts and Results Matter.

Holman C. Gossett Law Firm | Criminal Defense Attorney | Results Matter | “Practicing Criminal Law & Serving the State of South Carolina Since 1974″ | Spartanburg County | Greenville County | Cherokee County | Union County.

Resisting Arrest Holman C Gossett February 5, 2013