League City Resisting Arrest Defense Lawyer
If you have been charged with resisting arrest, evading arrest, or failure to identify in Texas, it is essential to understand the laws and potential penalties involved. These charges are found under Chapter 38 of the Texas Penal Code and can result in serious legal consequences. League City criminal defense lawyer John Reed can explain your rights and options and defend you if you’re facing charges under these sections. Contact John Reed, Attorney at Law, for personal attention and dedicated representation from an experienced League City resisting arrest defense lawyer.
What Is Resisting Arrest?
Resisting arrest is defined under Texas Penal Code § 38.03 as intentionally preventing or obstructing a person known to be a peace officer or another person acting in the peace officer’s presence and under his or her direction, “from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.” The key aspect of resisting arrest is the use of force—merely refusing to comply or verbally objecting to the arrest does not typically constitute resisting arrest under Texas law.
Penalties for Resisting Arrest
In Texas, resisting arrest is generally classified as a Class A misdemeanor, with penalties of up to one year in county jail and a fine of up to $4,000 if convicted. However, if a deadly weapon is used to resist arrest, the offense is elevated to a third-degree felony, with penalties including 2 to 10 years in prison and a fine of up to $10,000.
Common Defenses for Resisting Arrest
Several defenses may be available if you are charged with resisting arrest. Common defenses include:
- Lack of intent: The prosecution must prove that you intentionally used force to prevent the arrest. If you did not intend to resist, this could be a viable defense.
- Self-defense: If the arresting officer used excessive or unlawful force, you may have the right to defend yourself.
- Unlawful arrest: If the arrest itself was unlawful, you may argue that you were justified in resisting.
Evading Arrest
Under Texas Penal Code § 38.04, evading arrest or detention occurs when a person intentionally flees from a peace officer who is lawfully attempting to arrest or detain them. The key difference between evading arrest and resisting arrest is that evading involves flight or attempting to escape, rather than using force to resist.
The penalties for evading arrest vary depending on how the offense is committed:
- If committed on foot, it is generally a Class A misdemeanor.
- If committed in a vehicle or after prior evading convictions, it is considered a state jail felony, with penalties including up to two years in state jail and a fine of up to $10,000.
- If another person suffers serious bodily injury as a result of your attempt to evade, or if you have prior evading convictions in a vehicle, the charges could escalate to a third-degree felony, with more severe consequences, including prison time.
Defenses to evading arrest could include lack of knowledge, no intent to flee, or unlawful stop or arrest. For instance, if you were unaware that the individual pursuing you was a peace officer, this could be a valid defense. Similarly, if the situation can be explained as a misunderstanding or if you had no intention to escape from the police, it may serve as a defense. Likewise, if the officer did not have a valid reason to detain or arrest you, the evading arrest charge may be challenged.
Failure to Identify
Failure to identify is outlined under Texas Penal Code § 38.02 and occurs when a person intentionally refuses to give their name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested this information. This offense can also be charged when a person intentionally gives false information about their identity when lawfully arrested, detained, or if they are a witness to a crime.
Failure to identify is typically charged as a Class C misdemeanor if you refuse to provide the information, carrying a fine of up to $500. If you provide false information, it becomes a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine of up to $2,000.
Potential defenses include unlawful arrest or detention, situations when you did not realize you were being asked for identification, or if you were not under lawful arrest or detention and were not under any legal obligation to identify.
Contact a League City Resisting Arrest Defense Attorney Today
Charges for resisting arrest, evading arrest, or failure to identify can have serious consequences in Texas. Whether you face jail time, fines, or a permanent criminal record, it is critical to understand your rights and the legal defenses available to you. League City criminal defense attorney John Reed can assess your case, explain the legal options, and fight for your best possible outcome. If you’ve been charged with resisting arrest or related offenses in the Galveston Bay area, contact our office today at 281-928-8228 for experienced legal representation.