Resisting Arrest: What is the law, what are the legal consequences, what should you do?
What is the law for Resisting Arrest in Texas?
Under Texas Law, a person is guilty of Resisting Arrest, Search, or Transport if:
“he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.” (Tex. Pen. Code Sect 38.03).
In simple terms, this charge applies when an officer tries to arrest someone, search them, or take them to jail and that person uses some sort of force to prevent the officer from doing those things.
Please note that it is NOT a defense to this charge that the arrest is unlawful. If you think that the officer is unlawfully arresting you, try to remain calm and try explain to the officer what misunderstanding is. If the officer will still not release you, then do not make the situation worse by trying to resist. Allow the arrest to happen and contact an attorney to clear up the matter later.
What are the legal consequences?
This offense is normally a Class A Misdemeanor, which carries a maximum penalty of up to 365 days in the county jail and up to a $4,000 fine.
This offense becomes a Third-Degree Felony if the accused uses a deadly weapon while resisting. A Third-Degree Felony carries a maximum penalty of 2-10 years in prison and up to a $10,000 fine.
What should you do if you are charged with Resisting Arrest in Texas?
If you or a loved one has been charged with Resisting Arrest, call Carter Criminal Defense for a free consultation today to see what your options are.