In the state of Texas, resisting arrest could lead to the need for excessive force. If the law enforcement officer’s life is in jeopardy, they have the legal right to use deadly force to prevent personal injury and to reduce the risks to the public. However, certain actions could support a defense against this infraction. Resisting arrest attorneys provide the accused with opportunities to build a viable defense based on circumstance.
What Is Resisting Arrest Exactly?
Resisting arrest indicates that the perpetrator used force to prevent an arrest, which could result in an assault against a police officer. The same circumstances apply for security staff that has made an attempt to apprehend a perpetrator for a law enforcement officer.
What Is the Major Difference Between Resisting and Evading Arrest?
The major difference between resisting and evading arrest is the use of force. Evading arrest could equate to running away from or making an attempt to flee the scene. Evasion doesn’t include an attempted or successful assault against a police officer.
What Defenses Are Available for This Charge?
An unwarranted assault made by the police officer is a common defense used to avoid a conviction. If the perpetrator made no attempt to assault or had no physical contact with the officer before the officer used force against them then this defense is viable.
The use of force against an officer is lawful if the perpetrator feared for their life. If the officer attacks the perpetrator without just cause, the perpetrator could use self-defense to justify their actions.
What Are the Penalties for Resisting Arrest?
Under Texas state laws, the punishment for this infraction is based on the criminal penalty for a class A misdemeanor. However, if the perpetrator used a deadly weapon, the charge is increased to a third-degree felony.
In Texas, resisting arrests indicates that the accused used force in an attempt to prevent an arrest, which translates into assault on a police officer. The seriousness of this crime is determined by the reasoning for the assault. If the perpetrator acted out of malice, the state could convict them on a higher charge. Individuals who are facing this infraction should contact resisting arrest attorneys through John L. Corn Attorney at Law today. You can also connect them on Facebook for more updates.