Resisting arrest charges in Columbia, South Carolina transform lawful assertions of your rights into additional criminal offenses that prosecutors use to justify excessive force and validate questionable arrests—carrying penalties up to 10 years imprisonment for felony resistance.
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What begins as a traffic stop on Broad River Road, a pedestrian encounter downtown, or a USC campus police interaction near Five Points can escalate into felony charges when officers claim you resisted, obstructed, or failed to comply with commands. South Carolina law criminalizes even passive resistance—pulling your arm away, tensing your body, or verbally objecting to unlawful detention becomes "resisting" in police reports written after confrontations end.
Matt McGuire has defended resisting arrest cases in Columbia for over three decades, understanding how these charges often mask police misconduct, cover excessive force, or add leverage for plea negotiations on underlying offenses. Officers write reports claiming resistance while body camera footage and witness testimony tell different stories—showing compliant citizens brutalized for asserting constitutional rights. Call (888) 499-5738 now for 24/7/365 representation.
Resisting arrest defense requires an attorney who understands police tactics, constitutional protections, and how to expose the truth when officer reports don't match reality.
We investigate officer histories, prior excessive force complaints, and patterns of filing resisting charges to expose credibility issues that undermine prosecution cases.
Body camera footage often contradicts officer testimony. We obtain, analyze, and present video evidence showing compliant behavior or revealing officers who escalated situations unnecessarily.
Fourth Amendment protections against unlawful seizure and excessive force form the foundation of many resisting arrest defenses. We build cases around your constitutional rights.
Decades of experience cross-examining officers in Richland County courtrooms, exposing inconsistencies between written reports and testimony under oath.
We file pretrial motions challenging unlawful arrests, double jeopardy violations from multiple charges, and suppressing evidence obtained through constitutional violations.
South Carolina law defines multiple levels of resistance offenses, from misdemeanor non-compliance to felony violence against officers.
Under S.C. Code § 16-9-320, opposing or resisting an officer serving legal process or making a lawful arrest carries up to one year in jail and $1,000 fine.
When resistance involves physical force against officers, charges elevate to felony level carrying up to 10 years imprisonment in South Carolina Department of Corrections.
Separate from resisting charges, assault on an officer applies when prosecutors allege intentional harmful contact, carrying enhanced penalties beyond standard assault.
Broader conduct including fleeing, destroying evidence, or interfering with investigations beyond physical resistance can result in obstruction charges.
Going limp, locking arms, or sitting down can still constitute resisting under South Carolina case law despite the absence of any violence.
Verbal objections alone generally don't support convictions unless accompanied by physical non-compliance or threatening behavior toward officers.
South Carolina law requires officers to be acting in lawful execution of duties. If the underlying arrest was unlawful, resisting charges typically fail.
Police encounter cases demand an attorney willing to challenge law enforcement narratives and fight for the truth—regardless of how uncomfortable that makes prosecutors.
We're not intimidated by law enforcement or prosecutors. We aggressively challenge officer credibility, expose misconduct, and fight for clients who've been wrongly charged.
Resisting arrest charges require immediate action to preserve evidence, obtain body camera footage, and interview witnesses before memories fade. We respond around the clock.
We listen to your account of what happened, investigate thoroughly, and build defenses based on the truth—not what officers claim in their reports.
Over 30 years defending resisting arrest cases means we know what works in Richland County courtrooms. We guide you through every step with expertise.
Resisting arrest convictions create lasting consequences for employment, housing, and future police interactions. We fight to protect your record and your future.
Every resisting arrest case has potential defenses—from challenging the lawfulness of the underlying arrest to exposing excessive force that justified your reaction.
South Carolina law allows resistance to unlawful arrests. Proving no probable cause existed for the initial detention defeats resisting charges entirely.
When officers use excessive force first, you have a lawful right to protect yourself from unreasonable seizure under the Fourth Amendment.
Body camera footage, dashcam video, and witness testimony often show you followed commands and didn't resist—contradicting officer reports.
Prior excessive force complaints, internal affairs investigations, and patterns of filing resisting charges expose officers who fabricate resistance claims.
Your injuries documented at Prisma Health prove force applied to a compliant person rather than a violent resistor—contradicting officer accounts.
Verbal objections, questions about arrest basis, and complaints about treatment are protected speech—not obstruction or resistance.
Resisting arrest cases pit your word against law enforcement. You need an attorney with the experience and reputation to level that playing field in Richland County courtrooms.
Matt McGuire has defended resisting arrest charges throughout Columbia for over 30 years, cross-examining officers and exposing unlawful arrests masked by resistance allegations.
As a former Assistant Attorney General and Assistant Solicitor, Matt understands how prosecutors evaluate resisting cases—and where those cases are vulnerable to attack.
We appear regularly before Richland County judges who know our reputation. Local knowledge and established relationships provide strategic advantages.
We act immediately to obtain body camera footage, identify witnesses, and preserve evidence before it disappears or gets "lost" by law enforcement.
Resisting charges often accompany civil rights violations. We identify potential claims against officers and departments that can impact your criminal defense strategy.
Resisting arrest convictions create lasting consequences that extend far beyond immediate penalties—affecting your employment, future police interactions, and civil rights.
Felony resisting with violence results in loss of voting rights and firearm ownership—permanently altering your civil rights in South Carolina.
Police encounter charges raise urgent questions about your rights, your options, and what happens next. Here are direct answers from an experienced Columbia defense attorney.
South Carolina law technically allows resistance to unlawful arrests. However, we strongly advise complying physically while objecting verbally—then fighting the charges in court where it's safer.
Video evidence contradicting officer reports is powerful. We immediately file requests for all footage and use it to expose false claims and build your defense.
Officers often claim pulling away constitutes resistance. We challenge whether such minimal, instinctive reactions meet the legal standard for criminal resistance under South Carolina law.
Resisting as the sole charge raises red flags that no legitimate underlying offense existed. This often indicates the charges mask unlawful detention or excessive force.
Yes. Civil rights claims against officers and departments can proceed alongside or after criminal defense. We identify these potential claims as part of our comprehensive approach.
Misdemeanor resisting rarely results in jail for first offenses. Felony resisting with violence is more serious and can result in prison time depending on circumstances.
Remain calm, comply physically, state "I do not consent" verbally, ask "Am I free to leave?", invoke your right to remain silent, and call Matt McGuire immediately after.
Yes. Charges can be dismissed when the underlying arrest was unlawful, when evidence shows compliance, or when officer credibility is successfully challenged.
With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina. We understand that legal issues can be overwhelming, whether you're facing criminal charges, dealing with injuries from an accident, or navigating family law matters.
McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation. Our firm combines over 30 years of experience with cutting-edge legal strategies to achieve the best possible outcomes for our clients.
McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here. This local knowledge, combined with our legal expertise, gives our clients a significant advantage.
Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.
Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.
Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.
Don't let officers' version of events become the only story told. Every hour that passes is time for evidence to disappear and memories to fade. Call McGuire Law now and experience the difference that aggressive, experienced defense can make in your case.
Matt McGuire has defended resisting arrest charges throughout Columbia and South Carolina for over 30 years, cross-examining officers in Richland County courtrooms and exposing unlawful arrests masked by resistance allegations. Call (888) 499-5738 immediately for 24/7/365 representation, or use our online chat to schedule your confidential case evaluation.
