Why a Resisting Arrest Charge Deserves Immediate Legal Attention
You’re driving home late at night when blue lights flash in your rearview mirror. You pull over, unsure of what you did wrong. The officer says you were weaving slightly and begins a DUI investigation. You’re tired, nervous, maybe stumbling over your words—not because you’ve been drinking, but because you're anxious. When you're asked to step out of the car, you hesitate, trying to understand what's happening. The officer interprets your hesitation as noncompliance. Suddenly, you're being handcuffed and charged not just with DUI, but with resisting arrest.
It’s a charge that often blindsides people, especially those who didn’t think they were doing anything illegal. In South Carolina, resisting arrest is more than a minor misunderstanding. It’s a criminal offense that can carry serious penalties, stain your record, and disrupt your future. That’s why working with a seasoned criminal defense attorney like Matt Bodman can make all the difference.
Understanding Resisting Arrest Charges in South Carolina
South Carolina law makes it illegal to “knowingly and willfully oppose or resist a law enforcement officer” during an arrest. This can include a range of behaviors, from pulling your arm away during handcuffing to physically fighting back or fleeing the scene.
There are two main types of resisting arrest charges:
- Resisting Arrest Without Violence – This is a misdemeanor and may involve actions like refusing to comply with verbal commands, tensing your arms, or passively resisting.
- Resisting Arrest With Violence or Threat of Violence – This is a felony. If the prosecution believes you threatened or harmed an officer during the incident, the penalties can escalate quickly.
What many people don’t realize is that these charges can still apply even if the original arrest was unjustified or later dismissed. In other words, you might beat the original charge—like DUI or disorderly conduct—but still face punishment for resisting the arrest itself.
Common Scenarios That Lead to Resisting Arrest Charges
Resisting arrest isn’t always a conscious act. Emotions run high during confrontations with law enforcement. You may be scared, confused, or unsure of your rights. Some common examples include:
- Trying to pull away during an arrest, especially when you feel it’s not warranted
- Verbally arguing with officers in a way that escalates the situation
- Physically interfering with an officer’s actions, even unintentionally
- Fleeing when being told to stop or remain at the scene
- Being intoxicated or under the influence which can impair your judgment and reactions
Think of it like a spark in dry brush. What starts as a minor encounter can flare into a criminal charge if not handled carefully.
Why You Shouldn’t Face a Resisting Arrest Charge Alone
Resisting arrest is often a “he said, she said” type of charge. Police officers have the benefit of authority, body camera footage, and written reports. But that doesn’t mean your version of events doesn’t matter or that you’re out of options.
An experienced criminal defense lawyer can:
- Examine whether the arrest itself was lawful – If officers lacked probable cause or used excessive force, that may form the foundation of your defense.
- Review bodycam and surveillance footage – Video evidence can be powerful, especially if it contradicts the officer’s account.
- Challenge the intent element – Prosecutors must prove you willfully resisted arrest. If you were confused, scared, or acting reflexively, your attorney can argue that you didn’t intend to resist.
- Negotiate for reduced charges or alternative outcomes – Your lawyer may be able to work with prosecutors for pretrial diversion, dismissal, or a plea to a lesser charge.
- Protect your record and future – A conviction (even a misdemeanor) can follow you for years, affecting job opportunities, housing, and more.
Matt Bodman, P.A., has handled cases just like this throughout Columbia and the surrounding areas. As a former prosecutor, he knows the playbook law enforcement uses and the weak spots in their case strategy. He prepares every case as if it’s going to trial and gives each client the detailed attention they deserve.
What to Do If You’ve Been Charged With Resisting Arrest
If you've been charged with resisting arrest in South Carolina, your next steps matter. Here’s what you should do:
- Don’t speak to police or prosecutors without your lawyer present. You have the right to remain silent, so be sure to exercise that right.
- Document your side of the story while it’s fresh. Include names of witnesses if there were any, what was said, and how the events unfolded.
- Avoid posting about the incident on social media. Anything you say publicly can be used against you.
- Contact an experienced defense attorney right away.
The sooner your lawyer can start investigating and building a defense, the better your chances of a favorable outcome.
How Attorney Matt Bodman Can Help
Attorney Matt Bodman brings nearly 20 years of courtroom experience to every case he handles. His background as a former prosecutor means he knows what the other side is looking for and how to counter it.
When defending resisting arrest charges, Matt dives into the details: Was the arrest lawful? Did the officer clearly identify themselves? Were you responding to fear or confusion? Did you even know you were being arrested?
He doesn't treat you like a case number. He listens to your side of the story, evaluates the facts, and creates a strategy tailored to your goals, whether that’s a dismissal, reduction, or aggressive trial defense.
In a system that often favors the prosecution, you need someone who sees the gaps, knows the law, and isn’t afraid to push back.
Take Control of Your Case Right Now
A resisting arrest charge can spiral quickly. But with the right defense, you can regain control, protect your reputation, and move forward. If you’ve been accused of resisting arrest in Columbia or anywhere in South Carolina, you don’t have to face it alone.
Attorney Matt Bodman is ready to fight for you strategically, aggressively, and with your future in mind. To learn how we can help, contact our Columbia law firm today. We’ll take your case seriously because your future deserves nothing less.
"Matt Bodman is a great lawyer. He handled a case for me starting back in 2022, and he got to the result that I wanted. He is very professional and knowledgeable." - Darrick C., ⭐⭐⭐⭐⭐
