Being arrested is downright terrifying. Because of the power that police officers wield over the populace, routine arrests can feel like life-or-death situations for citizens who may not even be aware that they allegedly broke the law.
Although it is often the police officer’s job to detain and arrest people suspected of crimes, the process can be extremely traumatic. It can be hard to sit there calmly while you’re panicking, and the police often assume that any behavior is tantamount to evading arrest.
Resisting arrest charges can be especially tricky and pernicious because they are often additional charges that are tacked onto whatever charges the police were initially arresting you for. So what can you do about it? You can hire an attorney who knows how to get a resisting arrest charge dropped.
The Houston criminal lawyers at Thiessen Law Firm know how to get a charge for resisting or evading arrest in Texas dropped. Call us today at (713) 864-9000 to begin fighting for your freedom.
What is the fine for resisting arrest in Texas?
Fines for resisting arrest in Texas can vary depending on the severity of the resisting arrest offense and any accompanying charges. According to Title 8 § 38, which is the resisting arrest Texas Penal Code section, a resisting arrest charge can cost you anywhere between $4,000 and $10,000.
It is important to note that your fine for resisting arrest in Texas may be much more expensive than this, as resisting arrest charges are often additional charges that are tacked onto pre-existing criminal charges.
Is resisting arrest a felony in Texas?
The charge for resisting arrest in Texas, and therefore the punishments associated with the crime, depend on the circumstances of the arrest.
Resisting arrest with no aggravating factors is a Class A misdemeanor in Texas, but can be upgraded to a felony if you use a deadly weapon to resist an arrest or a search. Charges and punishments for resisting arrest in Texas are as follows.
| Action | Charge | Fines | Jail time |
| Resisting arrest | Class A misdemeanor | Up to $4,000 | Up to 1 year |
| Resisting arrest with a deadly weapon | Third-degree felony | Up to $10,000 | Up to 10 years |
To reiterate, charges for resisting arrest will likely be secondary charges. You’ll want to hire an experienced criminal lawyer who can represent you for both resisting arrest and whatever charges you were initially being arrested for.
Can you get probation for resisting arrest in Texas?
Probation for a Class A misdemeanor resisting arrest charge in Texas is two years, and it is very unlikely that probation will be an option for felony resisting arrest.
While it is legal for judges and juries to grant you probation for a resisting arrest charge in Texas, it is unlikely that you will get probation for your resisting arrest charge and the other charges that you are facing. This is why you and your attorney must go in with the intention of beating the charges that you are facing, rather than pleading down and taking reduced sentences.
How do I get a resisting arrest charge dropped in Texas?
If your attorney knows how to get a resisting arrest charge dropped in Texas, they will likely first try to prove that the police in some way broke procedure during your arrest. In the simplest terms, in order for an arrest to be lawful, one of the following must take place:
- The officer must observe that a crime is taking or has taken place.
- They must have probable cause to suspect you of a crime.
- They must find you under circumstances that reasonably show your involvement or soon-to-be involvement in a crime.
- They must have a warrant for your arrest.
You should familiarize yourself with the Texas traffic stop laws, including what counts as probable cause or reasonable suspicion in Texas if you want to give yourself an edge during a traffic stop.
The unfortunate truth of the matter is that the police hold all of the cards during the traffic stop, so keeping quiet and maintaining your innocence is often all you can do. The positive side of that coin is that if the police pushed a boundary during your arrest, it may lead to the dismissal or dropping of your charges.
If you need to get your charges dropped, you’ll need to hire a trial lawyer.What is a trial lawyer? A trial lawyer is an attorney who specializes in building a defense and taking your case to trial. It might shock you to find out that not all lawyers are trial lawyers and many very talented lawyers spend most of their time filing paperwork and negotiating with the prosecution, but it’s true.
Continue reading: What should I do when pulled over?
The attorneys at Thiessen Law Firm know how to get a resisting arrest charge dropped
Mark Thiessen and the criminal attorney at Thiessen Law Firm are trial lawyers who prepare extensively and fight passionately for you in a court of law. If you’re wondering how to get a resisting arrest charge dropped, hiring a trial lawyer to contest the charges in court is a good first step.
An experienced trial lawyer will know how to examine police conduct, gather evidence, and evaluate any constitutional violations made by law enforcement during your arrest, to give you the best shot at having your charges dropped. Beyond that, hiring a trial lawyer to represent you will mean the ability to fight the charges that you were initially arrested for, and give you the best chance possible at freedom.
Call the trial lawyers at Thiessen Law Firm at (713) 864-9000 or contact us online to request a consultation and begin the fight for your rights today.
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