If you find yourself facing resisting arrest charges in Texas, it’s crucial to understand the potential penalties you could face upon a conviction. At The Gonzalez Law Group, our dedicated Houston Criminal Defense Attorneys can help you understand your options and start building a robust defense.
What is Resisting Arrest in Texas?
Under Texas Penal Code § 38.03, a person is guilty of resisting arrest, “if they intentionally prevent or obstruct a person who they know is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.” Essentially, verbal disagreements, arguing, or protecting alone don’t constitute resisting arrest in the Lone Star State. This offense requires the use of physical force.
Common examples of
- Pulling away, struggling, or shoving an officer
- Attempting to flee
- Going limp (passive resistance)
- Threatening an officer with physical harm
- Refusing to place hands behind the back or hiding hands to prevent being handcuffed
It should be noted that it’s not a valid defense if the search or arrest itself was unlawful. You can still be charged with resisting arrest in Texas even if the officer acted without legal authority, provided they were acting in an official capacity.
Is Resisting Arrest a Felony or Misdemeanor in Texas?
In Texas, any interference with an arrest is a grave matter and carries harsh penalties. The severity of the penalties that follow a conviction depends on the unique circumstances of the incident. Generally, this offense is classified as a Class A misdemeanor, carrying a potential sentence of 12 months’ imprisonment and fines of up to $4,000.
Additionally, more extreme scenarios can trigger felony protection. For example, if a lethal instrument is displayed or utilized during the struggle, the offense can be elevated to a third-degree felony, which may result in a prison term ranging from 2 to 10 years and financial penalties as high as $10,000.
What Defenses Are Available?
When facing resisting arrest charges in Texas, several legal defenses may be available depending on the specific facts of your case. A common defense is a lack of intent to resist. An experienced criminal defense attorney can contend that your actions were a response to unjustified force rather than a deliberate attempt to resist. Furthermore, if you reasonably believed you were in imminent danger, self-defense may be applicable. A knowledgeable attorney can help you challenge the prosecution’s evidence.
To determine the most effective defense strategy, consult with a seasoned attorney from The Gonzalez Law Group. We are prepared to help safeguard your rights and help you navigate these tough times.