Resisting Arrest Charges

Resisting arrest is a common charge that defendants face in addition to the underlying crime that they have been faced with. It is an easy charge to make that adds to whatever penalties you would otherwise face. It also gives the prosecution additional leverage over you. If you have been charged with resisting arrest, you need to fight it. You need a criminal defense lawyer on your side who will help you get a fair result.

Resisting Arrest Under Texas Law

Texas Law defines resisting arrest as intentionally preventing or obstructing a police officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of yourself or another person by using force against the officer or person acting as his direction.

The state has the burden to proof to prove beyond a reasonable doubt:

1. The Defendant prevented or obstructed.
2. A person that the Defendant knew was a peace officer, or person acting in the police officer’s presence and at their direction from effecting an arrest, search, or transportation;
3. By using force against the police officer or another

The Texas Penal Code requires the State to prove the Defendant prevented or obstructed the arrest by using force. While the Penal Code does not define force, however, the Texas Court of Criminal Appeals has held use of force means violence, physical aggression, or the immediate threat of it.

Conduct that meets the definition of “use of force” includes:

• Pulling away
• Kicking
• Pushing
• Threatening an officer, you will hit them if they touch you

Note: The use of force does not require physical injury, nor does the force even connect with the officer. For example, kicking at an officer, even if the kick does not land, can constitute resisting arrest when done for the purpose of preventing or obstructing the arrest.

Conduct that has been held to not to meet the definition of “use of force” in the context of resisting arrest includes:

• Running away
• “Going limp” and other passive resistance
• Mere verbal resistance “i.e. refusing to identify yourself”.

Note: While the above conduct is not enough to convict a person of resisting arrest, they could be charged with other offenses, such as evading arrest or failure to follow a lawful order.

Resisting Arrest is a Misdemeanor

Resisting arrest is a Class A misdemeanor, which means you could face up to one year in jail and a fine of up to $4,000.00. These penalties would be in addition to the penalties for the offense you were arrested for. As a result, you should take your resisting arrest charge very seriously and contact a criminal defense lawyer as soon as possible.

Felony Resisting Arrest

Resisting arrest can be charged as a felony if you used a deadly weapon to resist arrest. In this situation, resisting arrest is a third-degree felony. If convicted, you could face anywhere from 2 to 10 years in prison and a fine of up to $10,000.00. This is obviously a very serious charge, so it is vital that you aggressively defend yourself.

Defenses to Resisting Arrest Charges

The Texas resisting arrest statute expressly states that it is unlawful to resist arrest even if the arrest, search, or transportation was illegal or unlawful. In other words, you can be charged with resisting arrest even if the underlying arrest was a violation of your constitutional rights against illegal search or seizure.

However, you may be able to argue self-defense if the arresting officer used force without cause or more force than was necessary to make the arrest.

Charged with Resisting Arrest? Contact Barton & Associates Attorneys At Law Today

Do not let the prosecution bully you into pleading guilty to resisting arrest. The criminal defense lawyers at Barton & Associates Attorneys At Law, PLLC, can help you get a fair outcome. To schedule a confidential consultation about the charges you are facing, contact us today at 210-570-2020.