Get help from a lawyer with resisting arrest and eluding an officer’s charges in Greenville, SC.
At Bannister, Wyatt & Stalvey, LLC, we aggressively fight criminal charges. Call (864) 920-2709 or message us to start today.
If you are charged with:
- Failing to stop for a law enforcement vehicle
- Opposing or resisting a law enforcement officer
- Assaulting a law enforcement officer
- Resisting arrest with a deadly weapon
Call the resisting arrest lawyers at our Greenville law firm. We represent people facing these charges.
You need an experienced lawyer to prepare and present a defense. Charges of failing to stop, resisting and assaulting law enforcement carry serious potential penalties. Our lawyers fight for your future.
To see how we can assist you, contact us for your free consultation.
Failing to Stop for a Law Enforcement Vehicle, S.C. Code § 56-5-750
A person is guilty of failure to stop for a law enforcement vehicle if:
- They are a motor vehicle driver
- Driving on a road, street or highway
- A law enforcement vehicle signals them to stop, using a siren or flashing light
- They fail to stop
- With no mitigating circumstances
It is prima facie evidence of fleeing and eluding if a person attempts to increase their speed or otherwise avoid law enforcement when signaled to stop.
Failing to stop for a law enforcement vehicle is also known as fleeing and eluding or failing to stop for a blue light.
I didn’t see any light or siren! Can that be a defense to failing to stop for a law enforcement vehicle?
Maybe. The law says that failing to see the light or hear a siren is not a defense if a reasonable driver would have heard or seen the signals. The distance between the vehicles and other road conditions may be a factor in whether the driver should have noticed the indication to stop.
Penalties for failing to stop for a law enforcement vehicle
The potential penalties depend on the offense and the criminal history of the offender.
- S.C. Code § 56-5-750(B)(1) – First offense, no great bodily injury or death – misdemeanor, 90 days to three years incarceration, a fine not less than $500, driver’s license suspension for 30+ days.
- S.C. Code § 56-5-750(B)(2) – Second or subsequent offense, no great bodily injury or death – felony, up to five years incarceration, driver’s license suspension for one year from the date of conviction.
- S.C. Code § 56-5-750(C)(1) – Resulting in great bodily injury – felony, up to 10 years incarceration, driver’s license suspension for three years following the completion of incarceration and court supervision.
- S.C. Code § 56-5-750(C)(2) – Resulting in death – felony, up to 25 years incarceration, driver’s license suspension for three years following the completion of incarceration and court supervision.
Opposing or Resisting Law Enforcement Officer, S.C. Code § 16-9-320(A)
A person is guilty of opposing or resisting a law enforcement officer if they:
- Knowingly and willfully
- Oppose or resist a law enforcement officer
- In serving, executing or attempting to serve process, OR
- Resist arrest by someone reasonably known to be a law enforcement officer
Penalty: Misdemeanor, $500-$1,000 fine, incarceration up to one year, or both.
Assaulting a Law Enforcement Officer, S.C. Code § 16-9-320(B)
A person is guilty of assaulting a law enforcement officer if they:
- Knowingly and willfully
- Assault, beat or wound
- A law enforcement officer
- When the officer is serving, executing or attempting to execute a legal writ, OR
- While resisting arrest by someone reasonably known to be a law enforcement officer
Penalty: Felony, $1,000-$10,000 fine, incarceration up to 10 years, or both.
Resisting Arrest with a Deadly Weapon, S.C. Code § 16-3-625
A person is guilty of resisting arrest with a deadly weapon if they:
- Resist the lawful efforts of a law enforcement officer
- To arrest them or someone else
- With use of a deadly weapon, OR
- Threat of use of a deadly weapon
- Against the officer
- While in possession or claiming to have possession of a deadly weapon
Penalty: Felony, 2-10 years incarceration.
Defenses to Resisting, Evading and Failing to Stop
Charges of resisting arrest, eluding, assaulting an officer or failing to stop are always serious.
However, you have a right to defend yourself. We take your case seriously, pursuing all defenses that may be available to you.
Our lawyers can assist you in building your defenses and pursuing your case. We can start representing you as soon as you have been arrested or charged. Contact us now to talk about your case and to have a lawyer on your side today.
Talk to a Defense Lawyer Today
Our Greenville lawyers for resisting arrest and eluding an officer can represent you. Call our team at Bannister, Wyatt & Stalvey, LLC now at (864) 920-2709.
