Being Charged with Resisting Arrest

When you are placed under arrest in Texas, you are required by law to submit willfully and comply with law enforcement. According to Texas Penal Code § 38.03, preventing or obstructing a peace officer from making an arrest or search through the use of force constitutes the crime of resisting arrest, which carries criminal consequences if you are convicted in court.

Legal Penalties

Resisting arrest is considered a Class A misdemeanor charge, meaning you could face up to one year in jail and a $4,000 fine. However, this is for a simple charge; any augmenting factors could add to your penalties. For example, using a deadly weapon when resisting arrest automatically increases your charges to a third-degree felony, which means you could be sent to prison for up to 10 years and $10,000 fine.

Examples of Resisting Arrest

The law simply defines “resisting arrest” as “using force” to attempt to prevent arrest or lawful restraint; it does not specify how much force must be used. As a result, even small amounts of force could lead to resisting arrest charges. This does mean your charges lie solely on the opinion of the officer involved, but it does also give you and your Fort Worth criminal defense attorney the ability to combat them as well.

Some examples of resisting arrest can include:

• Getting involved in a physical altercation with police officers (including throwing punches, elbows, etc.)
• Using a gun to attempt to fend off police
• Refusing to hold still or allow yourself to be handcuffed

Evading Arrest

While this may seem like an identical crime, evading arrest is actually an entirely different charge according to Texas Penal Code § 38.04. Whereas resisting arrest requires the use of force against a peace officer to prevent your arrest, evading arrest is simply attempting to flee from an officer who is trying to detain you.

Evading arrest is a Class B misdemeanor, which can lead to 180 days in jail and a $2,000 fine if you are convicted. However, using a vehicle to flee from police, your charges are upgraded to a state jail felony, penalized by up to 180 days in jail and a $10,000 fine.

Both resisting arrest and evading arrest could be supplemental charges, added on to existing criminal charges. For example, if you rob a bank and lead police on a daring high-speed chase, you’ll most likely face felony charges for the bank robbery plus state jail felony charges for leading police on the pursuit while they attempt to arrest you.

If you have been charged with resisting arrest, you should not hesitate to seek legal representation. Jerry Loftin & Associates have the skill and experience you are looking for in a trustworthy, reputable legal advocate. We have more than 65 years of combined experience during which we have handled more than 3,000 cases throughout the state of Texas, including a remarkable record of success. No matter how serious or small your charges, we understand how important they are to your life, and we work hard to fight back on your behalf to help you preserve your rights.