Resisting arrest is never a good idea, as it will likely result in additional charges.
No one ever wants to be arrested, but even if you feel as though you are being arrested without cause, you should never resist an officer.Resisting arrest will only result in further charges, and you should never give law enforcement any reason to tack on additional charges that will result in even more penalties.
Police officers must follow specific procedures when they are making an arrest. Even if these processes are not followed, you still should not resist an arrest. While you can challenge the original arrest and subsequent charges, if you resist, you can still be charged with an offense, even if you beat the original charges.
Proper Arrest Procedure in Texas
Law enforcement in Texas cannot simply arrest someone for no reason. When placing anyone under arrest, police officers must comply with the following procedures:
- An officer must have probable cause to believe a crime was committed, or they must have personally seen the commission of the crime, or they must have an arrest warrant.
- The arresting officer must present evidence that shows they had probable cause. A hunch that someone committed a crime is not enough to make an arrest.
- Police officers are prohibited from using excessive force when making an arrest.
Unfortunately, even though state and federal laws are clear about the proper arrest procedures law enforcement must follow, some choose to deviate from them. Even when this is the case, it is critical to still comply and cooperate with the police officer that arrests you. Failing to do so could result in the additional charge of resisting arrest and stating that you were being wrongfully arrested or that the police officer broke the law is not a defense.
Penalties for Resisting Arrest
Resisting arrest is considered a Class A misdemeanor if this is your first offense. If you have been convicted in the past, the offense is classified as a state jail felony. The penalties for resisting arrest include up to one year in jail and a maximum fine of $4,000. If a weapon was used while someone was resisting, the offense could be upgraded to a third-degree felony.
To avoid these harsh penalties, it is critical never to resist arrest, even if you believe that you are innocent or that the police officer is acting unfairly. A criminal defense lawyer can defend the charges against you and challenge the arrest in an effort to get your charges dropped. Even if you beat the original charges, though, the resisting arrest charges will still stand.
Our Criminal Defense Lawyers in Texas Can Provide the Legal Representation You Need
If you have been charged with resisting arrest, ourTexas criminal defense lawyers at Granger and Mueller, P.C. can prepare the strong defense you need to beat the charges and retain your freedom. Call us now at (512) 474-9999 or contact us online to schedule a consultation and learn more about your legal options.