Resisting arrest is a crime under Texas law that occurs when you fail to submit yourself calmly and willingly or otherwise cooperate with an arrest. More specifically, you may commit the crime of resisting arrest if you intentionally obstruct or prevent a police officer from carrying out a search or arrest, through the use of force. As a result, there are several types of conduct that might lead to charges of resisting arrest, which can be a Class A misdemeanor or a second-degree felony charge. If you used a deadly weapon in the commission of the offense, then it may even be charged as a third-degree felony. The following situations may result in resisting arrest charges in the state of Texas:
· You run away or attempt to escape from police.
· You try to distract police officers or hide to avoid getting arrested.
· You act in a verbally or physically threatening manner to a police officer.
· You attempt to help another person resist arrest.
What is Resisting Arrest Under Texas Law?
Whether you face a misdemeanor or a felony charge largely depends on the severity of your resistance to the arrest. If you act in a particularly violent manner toward police, you are likely to face a felony rather than misdemeanor charge. Both misdemeanor and felony resisting arrest charges can result in fines and jail time; even a misdemeanor conviction for resisting arrest can result in a fine of up to $4,000 and up to one year in jail. Additionally, there are related charges that may accompany a resisting arrest charge, including evading arrest and failing to identify.
If you have been charged with resisting arrest in the state of Texas, there are some defenses available to you. Perhaps your arrest was unlawful, or the police officer did not clearly identify himself or herself as a law enforcement officer. You could have been acting in self-defense or you may be facing false allegations altogether. Whatever the case may be, our criminal defense attorneys will be here to represent your interests in any criminal charges that you are facing.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges, including charges of resisting arrest. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 359-3362 to set up an appointment with our criminal defense attorneys today.