Fort Worth Resisting Arrest Lawyer

If you have been charged with resisting arrest in the state of Texas, it is important that you know the severity and potential consequences of the charge. Resisting arrest is not a minor offense. This is a serious charge which can lead to real jail time. If you were originally being arrested for a smaller offense, with an added resisting arrest charge you can suddenly be in far more trouble than the original offense warranted. This is why it is extremely important to hire a defense attorney experienced in Texas resisting arrest and self-defense law to defend you if you have been charged with this offense.

What Is Resisting Arrest?

According to Texas Penal Code, resisting arrest occurs when an individual refuses to yield oneself or uses physical force to prevent arrest or lawful restraint by an authorized law enforcement official acting in the line of duty. Any individual who does not submit to a lawful arrest calmly or voluntarily will be subject to this charge. One thing it is important to know is that even minor actions can be seen as resisting arrest. Just the act of raising your voice or knocking an officer’s hand away can lead to a resisting arrest charge. A seasoned defense attorney will be able to argue your case and to get the charges dismissed or reduced.

An individual does not even need to be officially under arrest in order to be charged with resisting arrest. Even if you are only being temporarily detained, transported, or questioned by a law enforcement officer, you can be charged with resisting arrest if you use physical force against law enforcement or attempt to disengage yourself from the situation.

A resisting arrest charge is tough to defend due to the undefined nature of the charge. With so many instances and actions falling under the resisting arrest umbrella, law enforcement often files the charge under questionable circumstances. This is why it is always advisable to hire a defense attorney as soon as possible if you have been charged with this crime. With the proper representation, you can have the charge dismissed, reduced, or be found not guilty in the court of law.

Is Resisting Arrest a Felony?

This question doesn’t tend to come up until an individual has been arrested on the charge. Although resisting arrest is technically a misdemeanor, if the accused should employ a deadly weapon in the commission of the offense such as a gun or knife, or if the alleged resistance leads to any injuries to law enforcement, the misdemeanor is suddenly a felony which can be punished by a years in prison. In Texas, even a misdemeanor resisting arrest offense can lead to:

• Up to a year in county jai
• A fine of up to $4,000
• Two-year probation
• A permanent criminal record

Unfortunately, if resisting arrest is tacked on to a less serious offense, then suddenly that offense will be double the trouble for you as the accused. For example, if you are being apprehended for simple drug possession for personal use and are charged with resisting arrest during your apprehension, you will then be facing higher fines, longer jail time, more years of probation, and a longer criminal record. Whereas a minor drug charge may be easy to get dropped, the complicating circumstance of resisting arrest makes everything more difficult to defend.

If you are asking, “Is resisting arrest a felony” because you have been charged with the crime, a criminal defense attorney will be able to defend you whether your resisting charge is a felony or a misdemeanor. Either way, you are facing serious penalties and potential jail time, so having an expert on your side is highly advisable.

Who Can Be Charged with Resisting Arrest?

Even if you never considered yourself the type of person who would be charged in a criminal case, all it takes is being in the wrong place at the wrong time and suddenly you may find yourself with a resisting arrest case hanging over you. Perhaps you may not have known it was a police officer apprehending you or you may have been intoxicated and not acting in your best interests, but if the unexpected has happened and you have been charged with resisting arrest, there are defense attorneys who can help.

The truth of the matter is that anyone can be charged with resisting arrest. You don’t have to be a career criminal or a violent person. All that it takes is a run in with law enforcement and a couple of wrong moves and you can wake up with a resisting arrest case looming over you. You may even have been charged wrongly in the case, with police tacking on extra charges when you did not even violate this law.

No matter the circumstances behind your arrest, an experienced criminal defense attorney is needed to fight for your freedom.

Finding the Right Attorney

If you have been or charged, or feel that you are about to be charged, with resisting arrest in the state of Texas, the first call you should make is to a defense attorney who is highly experienced in defending resisting arrest cases. A good attorney will be able to examine all of the details of your case from the police statements to any witness statements to your own personal version of events. The attorney will consult with you in order to determine the best possible avenue of defense for your case.

The main aim of any criminal defense attorney in a resisting arrest case is to have the charges dropped before trial. This way you can get back to your life knowing that the slate has been wiped clean and that no charges are hanging over your head. Another option is to have the charges reduced. Oftentimes a resisting arrest case can be reduced to a simple disorderly conduct charge which can be resolved with a small fine. Should the case go to trial, then your attorney will argue for your defense in front of a judge and jury and will not rest until the verdict of “not guilty” has been reached.

Do yourself a favor and immediately call a criminal defense attorney if you have been charged with resisting arrest in the state of Texas. With the possibility of extensive jail time, severe fines, and a long probationary period hanging over your head, you need an experienced professional in your corner who will advocate tirelessly on your behalf. A defense attorney will be able to have your charge dismissed, reduced, or found not guilty at trial. You will be able to rest easy knowing that your case is in good hands and that the best possible outcome is in store for you.