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What Does “Resisting Arrest” Actually Mean in Louisiana?

Posted by Aaron D. Lawrence | Jan 12, 2025 | 0 Comments

Why You Might Be Charged — and How to Fight Back


🚨 “Resisting Arrest” Is One of the Most Misused Charges in Louisiana

If you were recently arrested and saw “Resisting an Officer” on your charge sheet, you're not alone.

Police across North Louisiana often tack on this charge — sometimes to justify force, sometimes to punish you for asking questions, and sometimes for no good reason at all.

At Lawrence Law Firm, we regularly defend clients accused of resisting arrest. And the truth is, many of these charges are vague, exaggerated, or completely unfounded.


📜 Louisiana's Legal Definition of “Resisting Arrest”

Under Louisiana Revised Statute §14:108, resisting an officer is defined as:

The intentional interference with, opposition to, or resistance to a peace officer acting in the performance of official duties.

This includes:

  • Refusing to comply with a lawful command

  • Physically pulling away or running

  • Giving false information during an investigation

  • Interrupting the execution of a warrant or stop

Important: The officer's actions must be lawful for this charge to apply. If the arrest or detention was illegal, your charge may not hold up.


🤔 Can You Be Charged Even If You Didn't Touch the Officer?

Yes. In fact, you can be charged with resisting arrest without laying a finger on the officer.

We've seen clients charged for:

  • Asking “why am I being arrested?”

  • Tensing up during handcuffing

  • Refusing to put their phone down

  • Walking away during questioning (when they weren't being detained)

Most of these don't meet the legal standard — but police file the charges anyway.


❌ “Resisting” Is Often a Cover Charge

Let's be blunt: sometimes this charge is used to cover up bad police behavior.

Here's how it usually goes:

  1. The officer uses unnecessary force

  2. You react (flinch, yell, ask questions)

  3. They charge you with resisting to justify what happened

We've successfully fought and dismissed “Resisting” charges tied to unlawful stops, excessive force, and bad arrests. It's one of the most defendable charges on the books — if you have the right lawyer.


🔍 How We Defend Resisting Arrest Charges

At Lawrence Law Firm, we investigate every resisting arrest case from top to bottom. Here's what we look at:

  • Was the officer acting lawfully? (e.g., Did they have a valid reason to detain or arrest you?)

  • Was your behavior actually resistant — or just confused, scared, or reactive?

  • Do bodycams, dashcams, or witnesses support your version of events?

  • Did police use excessive force and file the charge to justify it?

We file motions to suppress evidence, challenge the legality of the stop or arrest, and push for full dismissals, not just deals.


⚖️ Possible Penalties for Resisting Arrest in Louisiana

Resisting an Officer (Nonviolent):

  • Misdemeanor

  • Up to 6 months in jail

  • Up to $500 in fines

  • Possible probation, community service, or anger management

Resisting with Force or Violence:

  • Felony

  • Up to 3 years in prison

  • Much steeper fines and longer probation periods

You can also face additional charges like battery on a police officer, disturbing the peace, or obstruction.


🛡️ Don't Let a Weak Charge Define Your Record

Many people take plea deals just to “get it over with,” not realizing the long-term effects of having “resisting arrest” on their criminal record. It can cost you jobs, housing, and reputation.

Before you plead to anything, talk to a defense team that's seen behind the curtain.


📞 We'll Help You Push Back — the Right Way

📞 Call 318.232.4000 to speak with a criminal defense attorney in Ruston, LA who knows how to beat resisting charges.

🖥️ Or schedule your free consultation online.

Just because you were charged doesn't mean you're guilty. Let's fight it together.


❓ FAQ: Resisting Arrest Charges in Louisiana

Q: Can I be charged even if the officer never told me I was under arrest?
A: Possibly, but if the arrest wasn't clearly communicated or legally valid, we can challenge the charge.

Q: What if I was scared and didn't understand what was happening?
A: That's common, and not the same as resisting. Your mental state matters in these cases.

Q: What if I pled guilty already?
A: We may be able to file for a post-conviction remedy or expungement, depending on your case.

The blog published by Lawrence Law Firm is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. Artificial Intelligence has been used to assist in formatting, topic selection, and organization, and while this information has been reviewed an attorney, this article should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.

About the Author

Aaron D. Lawrence

Aaron is a Criminal Defense and Personal Injury Attorney in Ruston, Louisiana. He received his Juris Doctor and Graduate Diploma in Comparative Law from the Louisiana State University Paul M. Hebert Law Center. He received his Bachelor of Applied Arts and Sciences from the University of North Tex...

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