Texas residents can be charged with the crime of resisting arrest if they try to thwart an officer’s attempt to arrest them. Resisting arrest can involve using force against the police officer, but force is not required to be charged with this crime. Depending on the facts of the case and the seriousness of the obstruction, resisting arrest can be charged as a misdemeanor or felony. Most of the time, the charges for resisting arrest are in addition to the underlying crime that was the basis of the arrest. If you have been charged with resisting arrest in Texas, it is wise to have a basic understanding of the crime with which he has been charged and common legal defenses.
What Acts Constitute Resisting Arrest?
Sometimes people think they have to be violent toward a police officer to be charged with resisting arrest. However, when combined with aggression, nonviolent acts such as taking too long to follow the police officer’s orders or swearing at the officer could be considered resisting arrest. Questioning the authority intent of the police officer is not typically enough to result in a resisting arrest charge.
Felony Resisting Arrest Charges
If you have been charged with resisting arrest, your charges could be classified as a felony if the prosecution can prove a number of additional factors. The prosecution will need to show that you intentionally used certain tasks to obstruct or hinder the arrest, that you acted with aggression towards the officer, or threatened to do so. The prosecution needs to show that the officer was in the course of performing official duties when the alleged resisting arrest occurred.
Defenses Against Resisting Arrest Charges
There are several different defenses against resisting arrest charges. The first offense is self-defense. If the police officer was engaged in misconduct or had bad intent, you have a right to defend yourself, especially if you have physical or medical conditions. The defendant may be able to argue that the arrest was unlawful. Perhaps the defendant was mistaken for someone else, or the police officer was not executing his or her duties or did not have enough probable cause or an arrest warrant.
In some cases, police officers are working undercover. If a police officer was working undercover and failed to identify himself or herself as an officer properly, and the defendant resisted arrest, the defendant would have a valid legal defense. Another plausible legal defense involves false allegations. If the defendant did nothing wrong that could justify or explain the arrest, the defendant could claim that the arrest was false. For example, if someone was simply rude or sarcastic, this behavior does not warrant an arrest.
Contact a Criminal Defense Attorney in Dallas/Ft. Worth Today
Are you facing criminal charges for resisting arrest? Abel Law Firm is here to help. Our reliable and dedicated criminal defense attorneys provide clients with efficient legal representation for a wide range of criminal charges. Contact The Dallas/Ft. Worth criminal defense attorneys at Abel Law Firm today to schedule your initial consultation.