Columbia Assault on an Officer Lawyer

An assault on an officer is defined in South Carolina as resisting arrest according to Section 69320B of the South Carolina Code of Laws. The offense could occur when an individual resists arrest and an officer is injured during that confrontation. It is a felony offense which carries a maximum sentence of up to ten years.

If you have been charged with resisting arrest, speak to a Columbia assault on an officer lawyer. They could review all evidence such as body camera footage and help you build a strong defense. Seek help from a tenacious assault attorney to learn about your legal option and how to avoid the penalties of a conviction.

Laws Protecting Law Enforcement Officers

The definition of a law enforcement officer is found under Section 69320. It is unlawful for an individual to knowingly and wilfully assault, beat, or wound an officer engaging, serving, executing or attempting to serve when being processed. For example, if someone is in the process of being arrested and they struggle, run or have a wrestling match and the officer is suddenly injured the person could be charged with resisting arrest when an officer is assaulted.

Assault on an officer in Columbia is a felony that carries the maximum sentence of up to ten years in prison and/or a fine of $1,000 to $10,000.

What Does The Prosecution Need To Prove?

The elements that Columbia prosecutors need to prove in an assault on an officer case are that someone knowingly and willfully assaulted, beaten, or wounded a law enforcement officer either while engaged in executing or serving a legal writ of process or while resisting arrest. The state would have to prove that the person reasonably should have known that it was a law enforcement officer.

The Use Of Police Body Cameras

The use of police body cameras might impact an assault case because videos or pictures are worth a thousand words. The video should be unbiased and give an accurate reflection of what occurred during the exchange with the officer. It would show whether the officer acted improperly and whether the person acted unlawfully.

The video should tell what exactly occurred, what was said, and what conduct was done. The body cams could prove someone is innocent or could prove someone’s guilt. They are critical in helping determine credibility in the case.

Reach Out To A Columbia Assault on an Officer Attorney Today

There are several defenses or mitigating factors available for defense attorneys to use in assault cases. If the officer was in plain clothes, improperly identified themselves, and did not follow the proper protocol or procedure, the attorney could use that in their defense. The body cam footage or other evidence that proves that the person did not resist the arrest or that the officer is injured could also be used as a defense. If they were not attempting the serve or the person was not resisting arrest, it would be the best evidence because it relates to the specific element of the statute.

Speak to a well-practiced Columbia assault on an officer lawyer to learn about what may be possible in your case. Call today to get started building your defense.