Resisting arrest is a criminal act in the state of Texas that can result from not submitting yourself to an arrest calmly and willingly. Punishments for this crime can range from a misdemeanor to felony charge, depending on the severity of your resistance during your arrest. It can be difficult to charge for this crime because there are many circumstances behind the actions that you could take that may result in a resisting arrest charge.
What Are the Possible Offenses Included in a Resisting Arrest Charge?
You could be charged with resisting arrest if:
- You attempt to run away/escape from law enforcement
- You try to hide or purposely distract the law enforcement official during your arrest
- You give false identification, either verbally or by giving a fake ID
- You attempt to help another person avoid or resist arrest
- You physically or verbally threaten the officer during your arrest
Questioning the officer’s actions or authority during an arrest is not enough to warrant a resisting arrest charge, and neither is being slow to comply with his or her requests.
What Are the Legal Consequences of Resisting Arrest?
Resisting arrest is a less serious charge than evading arrest because the level of the crime will increase with the effort that you exert during your escape. Depending on the severity of your violence and/or unwillingness to cooperate during your arrest, you could be charged with a Class A misdemeanor or a second-degree felony. Both will result in a fine and possible jail time in Texas.
If you have been charged with resisting arrest, there a few defenses you can use depending on your situation. You and your criminal defense lawyer could claim that it was an unlawful arrest, you were practicing self-defense, you are facing false allegations, or you believe that the officer did not properly identify him or herself. Contact the Goolsby Law Firm for a free consultation on your specific case.
Here’s more on resisting arrest from this Goolsby Law Firm video.
