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Being arrested for resisting arrest can be confusing, especially when you are not sure exactly what you did to be charged with a criminal offense. No matter what you thought was happening or what you believed you had good reason to do, a police officer who decides you got in the way of them doing their job can press charges against you, which may have serious criminal and civil repercussions.
You can fight this charge with help from a skilled criminal defense attorney. From start to finish of your legal proceedings, a Fort Worth resisting arrest lawyer could make sure your rights are respected and work tirelessly to get the best possible result from your case.
Per Texas Penal Code §38.03, a person commits the offense of “resisting arrest, search, or transportation” when they do anything to intentionally obstruct or prevent a police officer from conducting an arrest. The law says a person must use force against a police officer for their actions to qualify as “resisting arrest,” but they can also be charged with verbal resistance or “passive resistance,” for example, not following an officer’s orders while they are performing an arrest.
Someone resisting an unlawful arrest or search by a police officer cannot use the fact that the officer’s actions were illegal as a defense against a charge of resisting arrest. When the arresting officer thought someone was impeding their ability to do their job, they may be charged with violating this statute and need assistance from a Fort Worth resisting arrest lawyer.
Most of the time, resisting arrest is treated as a class A misdemeanor, which means the maximum penalties for a conviction would be a one-year jail term and a $4,000 fine. However, when someone uses a “deadly weapon” such as a firearm, knife, or anything explicitly designed to cause “death or serious bodily injury” while resisting arrest, the offense may be elevated to a felony, which can be a penalty of two to 20 years in prison and a maximum $10,000 fine.
When a police officer sustains property damage or injury when a detainee resists arrest, they could be held responsible for the damage. A skilled resisting arrest lawyer in Fort Worth could argue for reduced charges and fines.
Police officers can enforce the law how they see fit, and anyone who a police officer thinks has interfered with their enforcement of the law may face severe criminal penalties.
A Fort Worth resisting arrest lawyer with years of experience handling cases like yours could answer your important questions and help you defend your rights. Call today to set up a meeting.