Resisting an Officer in Louisiana

What Counts as Resistance when Resisting an Officer?

Anything you do to disrupt an on-duty law enforcement officer can be interpreted as resistance by the officer trying to do his or her job. Some of the most common actions that lead to a charge of resisting an officer or resisting arrest in Louisiana are:

1. Trying to escape a lawful arrest by running away from the officer.
2. Physically resisting the act of being arrested.
3. Injuring an on-duty police officer.
4. Threatening an on-duty police officer.
5. Refusing to provide identifying information.
6. Giving the officer false identification.
7. Staying put in a public space after an officer has asked you to leave.
8. Entering a sealed or closed-off location.

Penalties for Resisting an Officer in Louisiana

Penalties for resisting an officer vary depending on whether you face a misdemeanor or felony charge. Further, the sentence you may face will depend on the facts of your case and your past criminal history.

Misdemeanor Resisting an Officer

Resisting an officer without violence is a misdemeanor offense. A person may face:

• A fine up up to $500 and/or
• A sentence of 6 months in jail

Felony Resisting an Officer

Acting forcefully or violently or threatening to use force or violence against an officer of the law while he or she is engaged in his or her lawful duties is a felony offense. A felony charge of resisting an officer may lead to:

• A fine of up to $2,000 and/or
• A prison term of 1-3 years

To prove resistance against an officer, the prosecution must establish three elements of the crime:

1. The defendant knew or should have known that the person he resisted was a police officer.
2. The officer was performing his duties in a lawful manner.
3. The defendant intentionally interfered with the officer.

How to Fight Resisting an Officer

Attorney Eric Johnson will thoroughly review all the evidence of your case before deciding on a solid defense strategy against your charge of resisting arrest in Louisiana. Some defenses that may be used to fight a charge of resisting an officer include:

• Self-defense: You resisted the officer in self-defense.
• Unlawful arrest: The arresting officer did not have probable cause to arrest you or he did not have a warrant to do so.
• Factual error: It is possible that the facts stated in the police report of your arrest differed from what took place in real life.