Resisting arrest is a common legal issue in Texas. While many may be familiar with these charges, few understand what actions actually warrant this offense. As such, if you have been charged because you allegedly resisted your arrest, the following blog explores what you should know about these circumstances. In addition, you’ll discover the penalties you can face if charged and the importance of working with Houston criminal defense attorneys to explore your legal options when facing charges.
What Is Resisting Arrest?
It’s important to understand what constitutes a resisting arrest charge in Texas. Under the law, any attempt to prevent or obstruct a police officer from searching, transporting, or arresting someone constitutes a resisting arrest charge. For example, trying to run away, break free, or pull your hands away from the officer can all warrant charges.
There are two important things to keep in mind about this process. The first is that verbally opposing the arrest or arguing with the officer does not constitute a resisting charge. In order to be a valid criminal charge, the act must be physical or violent towards the officer.
In addition, you can only be charged with this offense for legal and constitutional arrests.
Is This a Criminal Offense?
If you are accused of resisting arrest, you can be charged with a class A misdemeanor offense in Texas. This carries up to $4,000 in fines and the potential for up to one year in jail, in addition to any jail time or fines imposed as part of the original crime for which you resisted arrest. Though this is generally charged as a misdemeanor offense, it can be elevated to a third-degree felony if you use or exhibit a deadly weapon during the incident. This carries a minimum of two years in jail and a maximum of ten years. Additionally, the fine will increase to $10,000.
Several defenses may apply to your case if charged with this offense. One of the most common is that your actions did not constitute resisting. If your opposition to the arrest was verbal and does not meet the definition of physical resisting, you may be able to fight the charges against you.
As mentioned, this charge is only applicable when the arrest is legal. As such, if you are resisting an unlawful arrest because the officer does not have a warrant or probable cause to place you in custody, you may be able to have the charges against you dismissed. This may also apply if the officer used excessive force to arrest you and you were trying to defend yourself.
As you can see, resisting arrest can be a serious offense in Texas. That’s why working with an experienced criminal defense attorney with the Gonzalez Law Group is critical. Our team understands how overwhelming these matters can be, which is why we are committed to helping you through these difficult times. When you need assistance when charged with a criminal offense, don’t hesitate to contact our team to learn how we can assist you.
