Tensions are running high in Dallas and throughout the country. We have seen conflicts happen in grocery stores, outside of businesses, and during protests in Dallas, Fort Worth, Austin, and in other smaller areas. What happens if you find yourself being arrested? Being arrested can be extremely distressing, especially if you have never been arrested before.
The media has been covering shootings by law enforcement officers, and many Americans experience extreme stress when arrested. Some officers use excessive and unnecessary force when they arrest suspects. If you fight back, however, you can face criminal charges for resisting or evading arrest.
Resisting Arrest Under Texas Law
Being arrested can be overwhelming. Many people who are arrested do not understand what is happening or why they are being charged. In other cases, people push back against overly aggressive officers. Under Texas law, you can face criminal charges for resisting arrest when you:
Intentionally obstruct a peace officer through the use of force, and
This obstruction effects the officer’s arrest, search, or transportation of your person or another person
Keep in mind that the requirements for charging someone with resisting arrest are intentionally vague. The term “by force” is often disputed when it comes from defending against resisting arrest charges. In many cases, Dallas prosecutors do not have enough evidence to prove that a suspect was resisting arrest by force.
Penalties for Resisting Arrest in Texas
If you are convicted on resisting arrest charges in Texas, you face penalties for a Class A misdemeanor, including a prison sentence of up to 12 months in county jail. You could also be charged a possible fine of up to $4,000. If law enforcement finds a deadly weapon on your possession, the penalties for the crime will be enhanced to those of a third-degree felony. Third-degree felonies come with a sentence of up to 10 years in prison, and a possible fine of $4,000.
Evading Arrest in Dallas, Texas
Evading arrest is a different charge than resisting arrest. Resisting arrest happens when someone uses force against an officer who is trying to arrest him. Evading arrest happens when someone tries to escape being arrested, or who tries to avoid detention. Evading arrest is a Class A misdemeanor in Texas that is punished by a fine of up to $4,000 and a prison sentence of up to 12 months. The charges will increase for those who are evading arrest while operating a vehicle or watercraft, using a tire deflation device to slow down law enforcement, or causing another person to suffer serious injuries during the evasion.
Contact an Experienced Criminal Defense Lawyer as Soon as Possible
If you are facing charges for resisting arrest or evading arrest, the sooner you hire a lawyer, the better. At Abel Law Firm, we have the experience it takes to advocate fiercely for your legal rights. Contact our Dallas/Fort Worth area law firm today to schedule your first consultation with our law firm.