Resisting arrest is defined by Texas law as any instance where a person
prevents or obstructs law enforcement from carrying out an arrest, search,
or transport of an accused person by force. It makes no difference whether
or not the arrest was made on a person that was actually innocent of the
crime they were arrested for. If an officer claims that someone resisted
an arrest, they can be brought up on charges.
Oftentimes a person will be charged with resisting arrest if they do not
submit themselves to police officers calmly. This can involve verbally
threatening an officer, trying to run away when confronted by police,
or using physical force.
Defending Against Resisting Arrest Charges
One of the problems with a resisting arrest charge is that it involves
a lot of gray area, making it hard to enforce. What happens if the person
did not realize they were being arrested or if they felt their family
was being threatened and was seeking to protect them before being put
in handcuffs? A wrongful accusation made by a police officer about resisting
arrest can make other charges that the accused faced even worse.
There are two common defenses against a charge of resisting arrest:
- The police officer was using an excessive amount of force and the person
arrested was acting in self-defense, or
- The arrest occurred without a warrant or probable cause.
Resisting arrest can be considered a Class A misdemeanor or a third degree
felony if the person accused of resisting arrest is said to have done
so with a deadly weapon. A Class A misdemeanor can carry up to 1 year
in prison and a fine of up to $4,000. If it is charged as a felony, the
accused is facing 2 to 10 years in prison and up to $10,000 in fines.
Zendeh Del Law Firm, PLLC cares about your rights. If you have been accused of
resisting arrest or another crime, it will be important to have a criminal
defense attorney by your side. Given the gray areas involved when an officer
claims someone was resisting arrest, it is likely that you can be falsely
accused of this crime and you deserve to have your rights protected.