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How To Beat A Resisting Arrest Charge: A Former Prosecutor Breaks it Down

Being put under arrest is unpleasant, yes, but it is common knowledge that resisting can leave you open to further charges – namely “resisting arrest.” The key phrase here is “further charges.” If you are already being arrested for something – whether or not you believe you are guilty – the last thing you want to do is give law enforcement reasons to tack on more charges and penalties.

What if you’re being wrongly arrested, though? Aren’t there certain regulations the police must follow in order to make an arrest? Shouldn’t you make it known if you don’t think you are being arrested legitimately? You can’t simply be arrested for resisting arrest… can you?

Resisting arrest is unfortunately one of the most common misdemeanor charges brought in Tarrant County. Many overzealous prosecutors and police officers pursue resisting arrest charges as a retaliatory means of punishing an individual for questioning a police officer’s authority. A conviction for resisting arrest has the ability to completely alter your future, creating immense difficulties with obtaining a job, applying for financial aid, attending school, seeking child custody or requesting government benefits. In addition, resisting arrest carries potential jail time and exorbitant fines. In order to effectively combat allegations of resisting arrest, it is crucial that you seek the representation of an attorney experienced in handling resisting arrest cases and has actual courtroom experience handling resisting arrest charges.

Regulations for Proper Arrest in Texas
Texas law enforcement officials have a very limited scope in their authority to place an individual under arrest:
• An officer must have either personally observed a crime or must have probable cause to believe the person committed a crime, or the officer must have an arrest warrant.
• The arresting officer must justify the arrest – typically through some tangible evidence that led him or her to probable cause. A vague “hunch” someone might be a criminal won’t work.
• Police are not allowed to use any excessive force beyond the minimum amount necessary to protect themselves while bringing a suspect into custody.

What Is Resisting Arrest?
The Texas Penal Code §38.03 defines resisting arrest as the act of intentionally preventing or obstructing a police officer from conducting an arrest, search or transport by using force. In addition, the individual resisting arrest does not need to be directly under arrest. Impeding someone else’s arrest, search or transport can result in resisting arrest charges.

The resisting arrest statute is fairly vague, and as such, the Tarrant County Sheriff’s Department often interprets it quite liberally to involve a host of activities that require very little force. For instance, individuals are often arrested for resisting an officer when they:

• Pull their arms away from the officer during arrest
• Swing their arms to avoid handcuffing
• Elbow the officer
• Struggle with the officer

Penalties for Resisting Arrest
Resisting arrest is usually a Class A misdemeanor in Fort Worth. A Class A misdemeanor is a less serious offense that is punishable by a maximum of one year in Tarrant County Jail and a maximum of $4,000 in fines.

However, aggravating factors can increase the potential punishment. For example, resisting arrest becomes a third degree felony when an individual utilizes a deadly weapon to resist an officer.

Defenses to Resisting Arrest

Texas law states that a person commits the offense of resisting arrest when they intentionally prevent or obstruct a person known to be a peace officer (Texas law allows private citizens to help the police through citizen’s arrest as well) from effecting an arrest of the actor or another by using force against the officer.

Additionally, the law outlines that an unlawful arrest or search is not grounds for defense when facing charges of resisting arrest.

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0:00 How To Beat A Resisting Arrest Charge: A Former Prosecutor Breaks it Down
01:09 Never resist an arrest even if you’re wrongfully arrested!
03:50 Consequences of a Resisting Arrest conviction?
04:20 What is a proper arrest in Texas?
05:12 Police are not allowed to use excessive force beyond what is necessary!
06:00 What is “Resisting Arrest” under Texas law?
08:06 Police officers might argue your slight movement was resisting arrest!
08:22 What is the penalty for “Resisting Arrest?”
09:46 Defenses to Resisting Arrest charges?