If you’ve been accused of resisting or evading arrest in Texas, it’s important to understand that you could be facing some stiff legal penalties.
According to Texas Penal Code § 38.03, resisting arrest is defined as the act of preventing or obstructing a peace officer from executing an arrest or search through the use of force. Under this broad definition, one could be charged with resisting arrest for a number of different reasons. Simply preventing an officer from placing handcuffs on you could result in criminal charges for resisting arrest. What’s worse is that it does not need be proven that the original attempted arrest or search was lawful.
Under Texas law, resisting arrest is a Class A misdemeanor.
This crime is punishable by up to one year in jail and/or a $4,000 fine. If a deadly weapon was used to resist arrest, the charges could be elevated to a felony in the third degree. This is punishable by up to 10 years in the Texas Department of Criminal Justice and a $10,000 fine. With that in mind, you should not take these charges lightly if you have been accused of resisting arrest. By enlisting the help of a Houston criminal defense lawyer from Jim Medley & Associates, P.C. as soon as you have been arrested, you can take steps to build an effective defense. All you have to do is call our office today or submit a free case evaluation form online.
While similar to the crime of resisting arrest, evading arrest is actually an entirely different offense.
According to Texas Penal Code § 38.04, you could be found guilty of evading arrest if you intentionally flee from a peace officer who is attempting to arrest or detain you. This is a Class B misdemeanor, which means that you could be sentenced to 180 days in jail and/or asked to pay a $2,000 fine if convicted. If a vehicle was used to flee from a peace officer, the charges could be elevated to a state jail felony, which is punishable by 180 days to two years in state jail and a $10,000 fine.
If you have been charged with this crime, it is highly recommended that you seek legal counsel immediately.
With more than 20 years of criminal law experience and a background as a former police officer, Lead Attorney Jim Medley can provide you with the aggressive criminal defense that you will need to effectively plead your case. All you have to do is call our office today at (713) 668-4589 or fill out our free case evaluation form online to get started. From there, our Houston criminal defense attorney can advise you on what to do next.