Plano Resisting Arrest Lawyer
Resisting arrest, this occurs when a person refuses to yield oneself and/or with the use of physical force to prevent arrest and/or lawful restraint by an authorized law enforcement official acting in the line of duty. This is a result of a criminal charge against an individual who do not submit to a lawful arrest calmly and voluntarily. As provided by the Texas Penal Code, to wit:
Texas Penal Code Section 38.03 – Resisting Arrest, Search, or Transportation
(a) A person commits an offense 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.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
The following acts are manifestations of resisting arrest: attempting to evade from police officers, struggling against the arrest with physical force to avoid being restrained, threatening an officer with physical violence, attacking law officers, or providing false identification (i.e., presentation of false documents like fake ID) to a law enforcer to escape arrest.
In order for such instance to occur, the following elements of resisting arrest must be present:
- A law enforcement officer acting within his jurisdiction at a particular time and date identified themselves to be a valid law enforcement officer to the accused; and
- Upon identifying themselves to the accused, the law enforcement officer informed the accused to immediately halt and yield themselves in order to be placed under arrest; and
- Upon the clear instruction of the law enforcement officer to halt and yield, the accused did refuse and/or physically resist such instruction.
Generally speaking, resistance to arrest is considered a misdemeanor crime. However, if the accused employs a deadly weapon such as a gun or if any injury was caused by the accused during the arrest, the misdemeanor can become a felony offense. Felonies are crimes that can be punished by a year or more in prison, while misdemeanors are crimes that can be punished by up to a year in a County jail.
Penalties for resisting arrest in Texas can go up to a maximum of one year in jail, a maximum of $4,000 fine, and a maximum three years of community supervision.
The key here is to find an experienced criminal defense attorney to help you defend on your behalf, particularly during the trial proceedings. That is why the Plano area attorneys at The Goolsby Law Firm are available to assist you. Rest assured, our lawyers can help you get the most favorable result for your case. If you or someone you love has been charged with resisting arrest, contact our office directly today to discuss your case.