Resisting Arrest, Search, or Transportation in Texas
May 8, 2020 @ 03:35 PM — by Jason Trumpler, P.C.
Resisting Arrest Attorney in Austin, Texas
CONTACT US AT 512-457-5200
Resisting arrest refers to an individual who impedes, resists, or obstructs a peace officer who is attempting to put him or her into custody, search his or her person, or search an individual's car. The State can charge you with resisting if a peace officer has a lawful reason to arrest you or search you or your property, and you behave in such a way that it impedes the officer from performing one or more of these tasks. Resisting arrest may be a misdemeanor or a felony depending on the circumstances, and the State will often add it on top of other charges. Resisting arrest may carry enhanced penalties, including steeper fines, more jail time, and in some situations, prison.
If the State has charged you or someone with resisting arrest, search, or transportation, you must retain a competent, aggressive legal defense. Jason Trumpler is an experienced criminal defense attorney with 20 years of experience. Contact our office today at 512-457-5200.
Potential Consequences
It is a crime to obstruct a known peace officer from conducting his or her duties, including an officer arresting an individual suspected of a crime. Examples of resisting arrest include refusing to provide proper ID upon arrest, refusing to be handcuffed upon legal detention, assaulting an officer, or attempting to prevent an officer from arresting you.
Typically, the State prosecutes resisting arrest, search, or transportation as a Class A Misdemeanor. The range of punishment for a Class A Misdemeanor is: Up to a Year in the County Jail. Fine of up to $4,000.
However, the charge may be enhanced to a 3rd Degree Felony if you use a deadly weapon such as a gun or a knife while a police officer is trying to arrest you. The range of punishment for a 3rd Degree Felony is:
- Two to Ten Years in the Texas Department of Criminal Justice Institutional Division.
- Fine Up to $10,000.
In the case of resisting arrest, it does not matter if the arrest is ultimately deemed unlawful. Even if you are found to be innocent of the crime you were being arrested for, you may still be found guilty of resisting arrest.
Contact Us at 512-457-5200
Since resisting arrest is typically coupled with other charges, penalties and fines may exceed the figures listed above. If the State has charged you or someone you know with resisting arrest, search, or transportation, you must retain the help of an experienced criminal defense attorney today. Jason Trumpler has successfully represented hundreds of individuals in courts throughout Central Texas, including Travis, Williamson, Hays, Caldwell, Comal, Bastrop, Burnet, Lee, and Bell counties. Contact us today at 512-457-5200.