Let’s say you’ve been arrested on a minor criminal charge. You were annoyed, the officer was a bit rough and you pulled your arm away. Now, the officer has used that to include a charge of resisting arrest.
How serious is a charge like this in Texas? And is this something you can defend against?
Resisting or evading arrest can be charged alone or in connection with other criminal accusations. If you’ve been charged with resisting or evading arrest, you need an experienced Texas defense attorney.
What Is Resisting Arrest?
Under Texas Penal Code § 38.03, resisting arrest occurs when a person intentionally and by force prevents or obstructs a peace officer (or someone under their direction) from:
- Making an arrest
- Performing a search
- Transporting someone
It’s important to note that force is the key element, and what constitutes force can be a matter of the officer’s opinion. Even relatively minimal resistance, like pulling away when something hurts you, can be interpreted as resisting.
What surprises many people is that you can be charged with resisting arrest even if the arrest itself was unlawful. The law does not allow individuals to resist, even if they believe the officer is acting improperly. Instead, the legal system expects disputes to be resolved in court, not on the street.
Potential Penalties of Resisting Arrest in Texas
Resisting arrest can be either a misdemeanor or felony. It’s most commonly charged as a Class A misdemeanor. This means a conviction can be punished by up to one year in jail and a fine of as much as $4,000.
If a deadly weapon is used during the resistance, however, the charge escalates to a third-degree felony. Conviction could mean 2 to 10 years in prison and a fine of up to $10,000.
Beyond the legal penalties, a criminal conviction can have long-term consequences. It can affect your employment, housing and even child custody cases. That’s why it’s critical to take these charges seriously and seek experienced legal counsel.
Common Defenses
There are several ways your defense team may defend against charges of resisting arrest. Issues lawyers sometimes use in defense include:
- Lack of intent: The prosecution must prove that the resistance was intentional. If the accused was confused, panicked or reacting instinctively, that may undermine the intent element.
- No use of force: If the accused did not use force—for example, raising only verbal objections or offering passive resistance—this may not meet the legal definition of resisting.
- Self-defense: If the officer used excessive force, and the accused responded in a reasonable manner to protect themselves, this may be a valid defense.
- Lack of evidence: As with any criminal charge, the burden is on the prosecution to prove guilt beyond a reasonable doubt.
Contact an Experienced Texas Defense Lawyer Today
At Lee & Wood, GP, our attorneys have the experience and grit to protect your rights when facing any criminal charge in Texas. Contact us online or call 817-678-6771 to get started.