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Resisting Arrest Charges in Texas

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 individual.

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 exceed $10,000.

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!