It can be difficult to trust that law enforcement officers are doing everything by the book, and therefore being arrested can feel downright dangerous. It’s natural for your body to fight back, but fighting back can result in serious charges for resisting arrest, which are often brought upon people who are just trying to protect themselves in a terrifying situation.
But is resisting arrest a felony in Texas? And what can you do about unfair resisting arrest charges tacked on by overzealous police officers?
You can hire an attorney who will make sure your rights are protected in a court of law. The criminal lawyers at Thiessen Law Firm know how to fight charges for resisting arrest, and will not back down during your defense. Call Thiessen Law Firm today at (713) 864-9000 to begin fighting back.
Is resisting arrest a felony in Texas?
Is resisting arrest a felony or misdemeanor? In Texas, the severity of a resisting arrest charge will depend on the specific circumstances of the arrest. Under normal circumstances resisting arrest is a Class A misdemeanor in Texas, but it can be upgraded to a felony depending on what exactly happened or if you have any previous convictions.
According to the resisting arrest Texas Penal Code, a person commits an offense if they “intentionally prevent or obstruct a person they know is a peace officer or a person acting in a peace officer’s presence from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.”
A resisting arrest charge will be upgraded to a third-degree felony if the actor uses a deadly weapon during their resistance to the arrest or search.
The difference between evading arrest and resisting arrest in Texas
While resisting arrest and evading arrest charges may seem similar, they are actually separate charges for distinct actions. Resisting arrest in Texas, as discussed earlier, refers to the intentional obstruction or prevention of a peace officer from carrying out an arrest, search, or transportation by using force. Evading arrest in Texas, on the other hand, involves intentionally fleeing from a law enforcement officer who is attempting to make a lawful arrest or detainment.
According to Texas Penal Code § 38.04, a person commits an evading arrest offense if they “intentionally flee from a person they know is a peace officer or federal special investigator attempting lawfully to arrest or detain them.”
Evading arrest is a Class A misdemeanor under most circumstances but can be upgraded under the following circumstances.
- Evading arrest is a state jail felony if you have been convicted of evading arrest before or use a vehicle to flee.
- Evading arrest is a third-degree felony if you cause serious bodily injury to another party while fleeing OR if the officers or investigators cause serious injury to another individual while pursuing you. It is also a third-degree felony if you have been previously convicted and use a vehicle to flee.
- Evading arrest is a second-degree felony if you cause the death of another individual while fleeing OR if the officers or investigators cause the death of another individual while pursuing you.
Now that you’ve got an idea of the distinctions between resisting and evading arrest, let’s get into the punishments.
What is the punishment for resisting arrest in Texas?
One significant complicating factor to note on the punishment for resisting arrest charges is that resisting arrest charges are often a secondary, or additional charge, on top of whatever it was law enforcement officers were originally arresting you for. So although your resisting arrest charge may be a Class A misdemeanor, you’ve likely still got to deal with the charges that initially spurred the arrest.
The punishments for the various charges for evading and 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 |
| Evading arrest | Class A misdemeanor | Up to $4,000 | Up to 1 year |
| Evading arrest using a vehicle or with prior charges | State jail felony | Up to $10,000 | Up to 2 years |
| Evading arrest causing bodily injury | Third-degree felony | Up to $10,000 | Up to 10 years |
| Evading arrest causing death | Second-degree felony | Up to $10,000 | Up to 20 years |
Anybody facing resisting or evading arrest charges in Texas must speak to an experienced criminal attorney who can protect their rights and help them build a defense. Hiring a trial lawyer who knows how to get a resisting arrest charge dropped is the best thing that you can do to protect yourself during this turbulent time.
How to get a resisting arrest charge dropped
Getting a resisting arrest charge dropped in Texas is about making sure that if a mistake was made during the arrest it was by the police, and not by you. Your attorney will likely try to show that the police broke procedure during the arrest. They can do that in a few ways:
- In order to have reasonable suspicion in Texas, the officer needs to have observed evidence that a crime took place or was about to take place.
- If the officer did not witness a crime they therefore may not have had probable cause to stop, search, or arrest you.
- The police may have used excessive force during your arrest and caused you to react accordingly.
There are a number of other ways in which a resisting arrest charge can be dropped, but the principal concern for you should be following protocol during the traffic stop. Ask yourself “what should I do when pulled over?” and if you don’t know the answer, do some research so that you don’t needlessly incriminate yourself and make your attorney’s job much harder.
Continue reading: Rights police don’t want you to know
Is resisting arrest a felony? In Texas, it can be. Protect yourself with Thiessen Law Firm.
While resisting arrest charges are commonly Class A misdemeanors in Texas, they can easily escalate to felonies and are often not the only charges you will face. If you want to protect yourself from overzealous prosecution and even up the balance of power, hiring a winning criminal attorney is a good start.
Mark Thiessen and the criminal attorneys at Thiessen Law Firm know how to take high-stakes cases into a court of law, go up against complex charges, and win. If you or a loved one is facing charges for evading or resisting arrest in Texas, Thiessen Law Firm is here to help.
Call Thiessen Law Firm today at (713) 864-9000 or contact us onlineto begin protecting your freedom.
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