Posted on 12/13/21

Are you fighting criminal charges for resisting arrest in Texas? If so, you may be tempted to plead guilty in an attempt to make the stressful process end. You may think that resisting arrest is a minor charge and pleading guilty is not that big of a deal. On the contrary, there are several serious penalties associated with the crime of resisting arrest. 

You could face jail time, fines, and fees of up to $4,000. Most damaging of all, if you are convicted, you will have a permanent criminal record that could affect your long-term employment and housing prospects. Instead of pleading guilty, we recommend discussing your case with an experienced criminal defense attorney and considering the possibility that fighting the charges may be worth it.

Defenses to Resisting Arrest in Texas

As with any other crime, Texas prosecutors must prove every element of the charge of resisting arrest beyond a reasonable doubt to convict you. If you have been charged with a misdemeanor or felony for resisting arrest, you owe it to yourself to make sure an experienced criminal defense attorney represents you. We will discuss a few of the most common defenses to resisting arrest charges.

You Lacked the Criminal Intent to Resist Arrest

The prosecutor must prove that you had the criminal intent to resist arrest or detention to convict you. What if you did not know that the person attempting to detain you was a police officer? In that case, you might have a valid defense that you did not intend to resist arrest. Perhaps you were in a bar, and the person trying to arrest you was off duty and not dressed in police attire. You may not have known that the person in plain clothes was trying to arrest you was a police officer. 

You could have been trying to defend yourself against someone you thought was threatening your safety. Perhaps the police officer was causing you pain, and you were trying to avoid becoming injured, not trying to resist arrest. In all of these scenarios, your attorney can argue that you did not have the necessary intent to resist the arrest and that your charges should be dismissed.

You Did Not Use “Force” Against the Arresting Officer

What if a police officer claims that you try to use force in resisting him or her. In reality, the force may have been passive or undefined. Sometimes police officers get upset with someone who is not responding as quickly as they want. They may exaggerate and claim that the suspect was resisting arrest when they were simply being passive or slow. 

Contact an Attorney About Getting Your Resisting Arrest Charges Dropped

Depending on the facts in your case, it may be possible for your attorney to argue that your charger should be dismissed successfully. Every case is unique and will require a unique legal strategy. If you or your loved one has been charged with resisting arrest in Dallas-Fort Worth or Plano, Texas, contact the experienced criminal defense attorneys at Abel Law Firm today to schedule your free initial consultation. 

Flower Mound Office

Phone: 972.584.7837

Denton Office