If you have been charged with resisting arrest in Texas, it’s important to understand the actions that warrant this offense, the potential penalties, and the importance of seeking legal counsel from an experienced Dallas County Criminal Lawyer. This blog provides essential information about resisting arrest charges and guide you on how to navigate the legal process.
What is Resisting Arrest?
Before we delve into the potential consequences, it’s crucial to understand what constitutes a resisting arrest charge. In Texas, any attempt to intentionally prevent or obstruct a peace officer from effecting an arrest, search, or transportation by using force constitutes this charge. For instance, if a police officer lawfully demands that you put your hands behind your back or lie on the ground, and you refuse to do so, or try to run away, that could be considered resisting arrest.
It’s important to note that merely voicing your disagreement with an arrest or engaging in a verbal dispute with a police officer does not, in and of itself, constitute this offense. For an act to be considered a valid resisting arrest charge, it must escalate beyond verbal expression and manifest as a physical or violent action directed towards the officer.
Is This a Criminal Offense in Texas?
In Texas, resisting arrest is typically classified as a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000. This is the standard penalty, unless a deadly weapon is involved. A resisting arrest charge can be upgraded to a third-degree felony if you use or exhibit a deadly weapon during the incident, according to the Texas Penal Code. A third-degree felony is punishable by a prison sentence of up to 10 years and a fine of up to $10,000.
What Defenses Are Available?
Several legal defenses can be used against a charge of resisting arrest in Texas. A key defensive strategy you can employ is arguing that the arrest was unlawful, either because of excessive force used by law enforcement or a lack of reasonable suspicion for the initial arrest. In addition, if you were unaware that you were being arrested or the resistance was not intentional, this can also be a valid defense. To determine the defense that is best suited to your case, it’s advisable to connect with a qualified criminal defense attorney.
As you can see, a conviction for resisting arrest can have far-reaching consequences. At Spangler Law, we are prepared to assess the details of your case to determine the most effective defense. Connect with our firm today to learn how we can fight for you and shield you from an uncertain future.
