What is the law?

What is the law?

Resisting an Officer is defined as the intentional interference, opposition, resistance to, or obstruction of an individual acting within his/her official capacity and authorized by law to make a lawful arrest, lawful detention, seizure of property, or to serve any lawful process or court order.
The offender must know or have reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity.[1]
The law differs when an offender resists an officer with force or violence. Resisting an officer with force or violence has occurred when an offender does any of the following:[2]

  • Use threatening force or violence before the arresting officer can restrain the offender and after notice is given that the offender is under arrest or detention.
  • Use threatening force or violence, oppose, or resist the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.
  • Injure or attempt to injure a police officer engaged in the performance of his duties as a police officer.
  • Use or threaten to use force or violence toward a police officer performing any official duty.

What are the penalties?

Penalties for resisting an officer is dependent upon whether the alleged criminal charge is a misdemeanor or felony. Sentencing guidelines for these offenses are as follows:

Resisting An Officer: A violation of this offense is a misdemeanor, and will result in a fine of no more than $500, imprisonment for not more than 6 months, or both.

Resisting An Officer with Force or Violence: A violation of this offense is a felony, and will result in a fine of no more than $2,000, imprisonment (with or without hard labor) for no less than 1 year and no more than 3 years, or both.

The Norris Law Group Will Defend You

If you or a loved one are charged with Resisting an Officer, allow The Norris Law Group to defend you.
Allow Attorney Ebonee Norris and her team at The Norris Law Group to fight for you. We look forward to meeting with you to review your case. You can take advantage of a thorough, confidential consultation when you call (318) 771-7000 today.

[1] La. R.S. 14:108.
[2] La. R.S. 14:108.2.