Have you been accused of resisting arrest in Plano, Dallas, or anywhere
else in Texas? If so, you probably have questions, and reasonably so!
What are the penalties? What if you were subject to an unlawful arrest?
Were your rights infringed upon? Continue reading as we explore this subject
in further detail.
In Texas, “resisting arrest” is covered under
Section 38.03 of the Texas Penal Code. Per Sec. 38.03, a person commits the offense
of resisting arrest, search, or transportation when he or she “intentionally”
prevents a peace officer from:
- Conducting a search,
- Making an arrest, or
- Transporting a suspect by using force against the police officer or another
Section 38.03 (b) states, “It is no defense to prosecution under
this section that the arrest or search was unlawful.” So, if you
get into trouble for resisting arrest in Texas, what types of penalties
are you looking at? Generally, resisting arrest under Sec. 38.03 is a
Class A misdemeanor, punishable by a maximum fine of $4,000, or up to one year in jail, or
both a fine and confinement.
On the other hand, if the criminal defendant (the accused) used a deadly
weapon, such as a knife or firearm to resist the search or arrest, the
offense is prosecuted as a
third-degree felony, punishable by 2 to 10 years in prison, and by a possible fine not to
Accused of Resisting Arrest?
Have you been accused of resisting arrest? If so, it’s critical that
you secure legal representation from a skilled criminal defense attorney.
At The Zendeh Del Law Firm, PLLC, we understand the sensitivity in resisting
arrest cases, especially when the defendant was innocent and did not commit
a crime. When it’s your word against a police officer’s, you
need a hard-hitting
defense lawyer in your corner.
Contact us today to get started!