Q: Can resisting arrest stand alone as a charge without other charges in SC?
During an investigation for a disturbance, officers attempted to detain two individuals without consulting the caller first. These individuals resisted the detention, leading to a charge of resisting arrest. Is this charge valid without any underlying charges linked to the disturbance?
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A:
In South Carolina, it is possible for resisting arrest to stand alone as a charge, even if there are no other underlying charges. Resisting arrest is generally considered a crime in itself if a person knowingly and willfully obstructs or resists an officer who is attempting to make a lawful arrest or detention. The key issue here is whether the officers had a valid reason to detain or arrest the individuals involved.
If the officers were investigating a disturbance and had reasonable suspicion to detain the individuals, their attempt to do so could be considered lawful. The charge of resisting arrest could still apply if the individuals resisted, regardless of whether other charges were involved in the initial disturbance.
However, you may have a defense if you believe that the detention was unlawful or that the officers lacked sufficient cause to detain or arrest. It’s important to discuss the specifics of your case with a legal professional who can help you assess whether the charge of resisting arrest is valid under the circumstances.
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