How to Fight Resisting Arrest Charges When Police Used Excessive Force

The officer was rough. Too rough. You pulled away, tried to shield yourself, or maybe you pushed back when they slammed you against the car.

Now you’re being charged with resisting arrest.

But here’s what they’re not telling you: if the police used excessive force, you may have had the legal right to resist. South Carolina law recognizes that you don’t have to submit to unlawful police conduct, even during an arrest.

What Counts as Resisting Arrest in South Carolina?

Under South Carolina Code § 16-9-320, resisting arrest means opposing or resisting a law enforcement officer who is serving legal process or making a lawful arrest.

The keyword here is “lawful.”

Resisting arrest charges can include:

• Pulling away from an officer
• Running from the police
• Physically fighting back
• Refusing to comply with commands
• Interfering with handcuffs or restraints

But here’s the problem: police often charge people with resisting arrest to justify their own use of force. If an officer hurt you during an arrest, charging you with resisting makes their actions look justified.

That doesn’t mean the charge is valid.

When You Have the Right to Resist an Unlawful Arrest

South Carolina law allows you to resist an unlawful arrest or excessive force. This isn’t a free pass to fight police, but it does mean you have legal protections when officers overstep their authority.

Excessive Force Gives You the Right to Defend Yourself

If an officer uses more force than necessary to make an arrest, you have the right to protect yourself. This applies even if the underlying arrest was lawful.

For example, if you’re being arrested for a minor traffic violation and the officer tackles you, punches you, or uses a chokehold without justification, you can defend yourself.

What Qualifies as Excessive Force?

Excessive force is force that goes beyond what a reasonable officer would use in the same situation.

Examples include:

• Beating or striking you after you’re already restrained
• Using a taser without justification
• Slamming your head into a vehicle or the ground
• Choking or applying a neck restraint when you’re not resisting
• Pulling a weapon when you’re unarmed and compliant

The question isn’t whether the officer felt threatened. The question is whether a reasonable officer would have used that level of force given the circumstances.

The Problem With Proving Excessive Force

Proving excessive force is difficult. Police reports often downplay the officer’s actions and exaggerate your behavior. Officers back each other up, and prosecutors tend to believe law enforcement over defendants.

But difficult doesn’t mean impossible.

Evidence You Need to Build Your Defense

If you’re facing resisting arrest charges and you believe the officer used excessive force, you need to gather evidence immediately.

Medical Records

Get examined by a doctor as soon as possible after your arrest. Document your injuries with photographs and medical reports. Cuts, bruises, broken bones, and concussions can all support your claim that the officer used excessive force.

Witness Statements

If anyone saw your arrest, get their contact information. Witnesses who aren’t police officers can provide critical testimony about what actually happened.

Video Evidence

Check for surveillance cameras, dash cam footage, body cam recordings, or bystander cell phone videos. Video evidence is the most powerful tool you have.

Officer’s History

Your attorney can research whether the arresting officer has a history of excessive force complaints, disciplinary actions, or civil rights violations. A pattern of misconduct strengthens your defense.

Common Defenses to Resisting Arrest Charges

Even without proving excessive force, there are other ways to fight resisting arrest charges.

You Weren’t Actually Resisting

Sometimes what police call “resisting” is actually just a natural reaction to pain or fear. Flinching, tensing up, or moving away from an officer doesn’t always mean you’re resisting arrest. Your attorney can argue that your actions were involuntary or that you weren’t intentionally defying the officer.

The Arrest Was Unlawful

If the officer didn’t have probable cause to arrest you in the first place, you can’t be convicted of resisting an unlawful arrest. For example, if you were stopped without reasonable suspicion or arrested without a warrant when one was required, the entire arrest may be invalid.

You Were Never Told You Were Under Arrest

You can’t resist arrest if you didn’t know you were being arrested. If the officer didn’t clearly communicate that you were under arrest, your attorney can argue that you had no reason to believe you needed to submit.

The Officer Misidentified Your Actions

Police reports aren’t always accurate. Officers sometimes misinterpret defensive movements as aggression. Your attorney can challenge the officer’s version of events and present an alternative explanation for your actions.

What Happens If You’re Convicted of Resisting Arrest?

Resisting arrest is typically charged as a misdemeanor in South Carolina, carrying:

• Up to 30 days in jail
• Fines up to $1,000

But the real damage isn’t just the criminal penalties. A resisting arrest conviction can:

• Make you look uncooperative or dangerous in future legal proceedings
• Hurt your credibility if you’re pursuing a lawsuit against the police department
• Affect your employment, especially if you work in a field that requires background checks
• Complicate any other charges you’re facing

That’s why fighting this charge is so important.

Steps to Take Right Now

If you’ve been charged with resisting arrest and you believe the officer used excessive force, here’s what you need to do immediately:

Document Everything

Write down everything you remember about the arrest while it’s still fresh. Include details like:

• What you were doing before the officer approached you
• What the officer said and did
• How you responded
• Any pain or injuries you experienced
• Names or descriptions of witnesses

Preserve Evidence

Don’t wash your clothes or clean up any injuries before taking photographs. Save any torn clothing, broken glasses, or other physical evidence from the arrest.

Get Medical Attention

Even if you think your injuries are minor, see a doctor. Medical records create an official record of your injuries and can corroborate your claim of excessive force.

Contact Okoye Law Immediately

The sooner you hire an attorney, the better your chances of building a strong defense. Evidence disappears, witnesses forget details, and video footage gets deleted. Time is critical.

You Don’t Have to Accept the Charge

At Okoye Law, we’ve represented clients in Rock Hill, Fort Mill, and throughout York County who were charged with resisting arrest after defending themselves from excessive force.

We also understand that these cases aren’t just about the criminal charge. They’re about holding police accountable and protecting your rights.

If you’re facing resisting arrest charges in South Carolina, contact Okoye Law today for a confidential consultation. Let us help you tell your side of the story.