Baton Rouge City Court - Resisiting an Officer

Criminal Lawyer for Misdemeanors

The listed Resisting an Officer charge below is an offense prosecuted in Baton Rouge City Court. It is a misdemeanor offense. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

Sec. 13:108. Resisting an officer.

(a)

Resisting an officer is the intentional 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 in acting in his official capacity.

(b)

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

(1)

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

(2)

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;

(3)

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;

(4)

Congregates with other on a public street and refuses to move on when ordered by the officer.

(c)

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, firefighters, and wildlife enforcement agents.

(d)

Whoever commits the crime of resisting an officer shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.

(City Code 1951, Title 13, § 70; Ord. No. 9732, § 1, 10-27-93; Ord. No. 11682, § 5, 3-8-00; Ord. No. 15012, § 3, 10-27-10)

Cross reference— Police department, title 4.

State law reference— Similar provisions, R.S. 14:108.

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