Resisting an Officer Defense Lawyer in Livingston Parish, Louisiana



Many people are arrested in Louisiana and the Livingston Parish area everyday, especially with the amount of events and festivals that are constantly taking place. Oftentimes when people are getting arrested, there is a good chance they are intoxicated with alcohol and/or drugs and are going through a very stressful and scary time in their lives. This stress and intoxication can lead to a rush of emotions when getting arrested which means the people getting arrested will try to evade arrest or resist the officer which will always make the situation worse. It is advised to always follow instructions when being placed under arrest, but sometimes the heat of the moment takes over and anything can happen. If you’ve recently been charged with resisting an officer in Livingston Parish or Denham Springs, Carl Barkemeyer, criminal defense attorney is here to help.


What constitutes resisting an officer in Louisiana?


Being charged with resisting an officer can be due to many different circumstances and events that take place, and it is important for you to understand the reason behind your charges for resisting an officer. All of the following are valid reasons for why you may have been arrested for resisting an officer:


A. Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity.

B.(1) The phrase "obstruction of" as used herein shall, in addition to its common meaning, signification, and connotation mean the following:

(a) Flight by one sought to be arrested before the arresting officer can restrain him and after notice is given that he is under arrest.

(b) Any violence toward or any resistance or opposition to the arresting officer after the arrested party is actually placed under arrest and before he is incarcerated in jail.

(c) Refusal by the arrested or detained party to give his name and make his identity known to the arresting or detaining officer or providing false information regarding the identity of such party to the officer.

(d) Congregation with others on a public street and refusal to move on when ordered by the officer.

(2) The word "officer" as used herein means any peace officer, as defined in R.S. 40:2402, and includes deputy sheriffs, municipal police officers, probation and parole officers, city marshals and deputies, and wildlife enforcement agents.


What is the punishment for resisting an officer?


Resisting an officer is quite a serious offense because it is seen as a direct disobeyment of police officers who are pledged to uphold the law and safety of the citizens. Resisting an officer can be considered a misdemeanor or a felony, depending on the reasons by the charge and how serious they are. Under Louisiana state law, the punishment for a misdemeanor resisting an officer charge carries a fine of up to $500 and up to 6 months in prison. Meanwhile, the punishment for felony resisting an officer carries a fine of up to $2,000 and/or prison for 1-3 years. The differentiation between those two can depend if a weapon was involved in the resistance or if the officer or another bystander was injured during the situation. Both of these punishments can be very severe and can cause quite a negative impact on your personal life or the lives of your loved ones.


How the Hate Crime Law relates to Resisting an Officer


There was recently, there has been some confusion about how the hate crime law in Louisiana relates to resisting an officer. In 2016, the law for criminal hate crimes in Louisiana was revised to include police officers in the law. This in turn means that if a person attacks a police officer while resisting arrest because they are an officer, they can be charged with a hate crime in the state of Louisiana. Meanwhile, an Acadiana police chief interpreted the law to mean that resisting arrest could now be considered a hate crime, but the Governor of Louisiana John Bel Edwards officially stated that the law did not cover resisting arrest and that the police chief was mistaken, meaning that people arrested for resisting an officer could not be charged for a hate crime.


How can we help?


Being arrested for a crime can be a very hectic and stressful time for people which can cause outbreaks and attempts to avoid arrest during the moment. However, resisting an officer during arrest can add even more jail time and stress on to an already problematic time. If you were recently arrested for resisting an officer in the Livingston Parish or Denham Springs area, we highly recommend you contact the office of Carl Barkemeyer, criminal defense attorney immediately to help aid your case. Mr. Barkemeyer is extremely knowledgeable of the resisting arrest laws in Louisiana and can help craft a case that may result in a more positive result for you and your loved ones. This can include fighting the evidence that was used in your arrest as well as looking at the reasoning of why you were arrested for resisting an officer in Louisiana. Our legal team will look at every aspect of your case and determine how we can most successfully help find a more positive result for your case and sometimes even dismissing it entirely. Contact the offices of Carl Barkemeyer, criminal defense attorney at (225) 964-6720 to discuss legal representation immediately for your resisting an officer case.

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