How Serious is Resisting or Evading Arrest in Texas?

 Posted on November 18, 2024 in Criminal Defense

A month ago in Waco, TX, a woman attempted to resist arrest after being arrested for DWI. The resistance included allegedly kicking an officer in the groin. This occurred after the 28-year-old woman was stopped on suspicion of DWI. After agreeing to a sobriety test, the woman was arrested.

She first "locked" her arms and legs, then was able to free her hands of the handcuffs once placed in the police car. Officers stopped the car and opened the back door to re-handcuff the woman, at which time she continued to pull her arms away and push the officers away. As she was being placed in the police vehicle for the second time, she allegedly kicked an officer in the groin.

The Texas Resisting Arrest, Search, or Transportation statute makes it illegal to forcefully obstruct a police officer from making an arrest. If you have been charged with resisting or evading arrest, contacting a Fort Worth, TX criminal defense attorney from The Dameron Law Firm can be beneficial.

Are Evading Arrest and Resisting Arrest Different Offenses?

Evading arrest occurs when a person attempts to evade the police during a lawful arrest. Evading arrest requires that the defendant intentionally flee law enforcement on foot or in a vehicle. 

The defendant must have known he or she was fleeing from law enforcement as they attempted to arrest or detain the defendant under suspicion of breaking the law. In some cases, it can be difficult to know whether an undercover police officer is actually a police officer. 

Resisting arrest involves the use of force by the defendant but does not require the state to prove that the officer was lawfully making an arrest. Even if it is shown that the arrest was not lawful, a person can still be charged with resisting arrest.  

What Are the Penalties for Resisting Arrest and Evading Arrest?

Evading arrest or detention on foot with no deadly weapon involved is a Class A misdemeanor. If convicted, the penalties can include up to one year in jail and a fine of up to $4,000. If a vehicle is used to evade arrest, the charges increase to a state jail felony, with penalties including 180 days to two years in state jail and a fine as large as $10,000 if convicted.

Evading arrest with a vehicle and causing death or serious bodily injury becomes a third-degree felony. A conviction for this offense can include between two and 10 years in prison and/or a fine as large as $10,000. Repeat offenders of evading arrest can face enhanced penalties, including longer incarcerations and higher fines.

Resisting arrest in Texas is a Class A misdemeanor for a first-time offense or a state jail felony if this is a subsequent charge for resisting arrest. A conviction for resisting arrest results in up to a year in jail and a fine as large as $4,000. If a deadly weapon is used during a resisting arrest incident, the charges can escalate to a third-degree felony, with the same penalties listed above.  

Are There Defenses to Resisting and Evading Arrest?

While every case is unique in some way, certain defenses are more commonly used against charges of resisting or evading arrest.

Resisting arrest defenses include:

• You did not resist, and there is video footage to prove this.

• Your actions were justified as self-defense to protect against excessive force.

• Your use of force was unintentional.

Evading arrest defenses include:

• The officer made a vague gesture that you misinterpreted, so you did not pull over.

• The officer or his vehicle was not recognizable as law enforcement.

• You were under duress.

• You were experiencing an emergency.

Contact a Tarrant County, TX Resisting and Evading Arrest Lawyer

You could potentially spend many years in jail or prison for resisting or evading arrest. Because of the serious nature of the charges, it is important that you speak to a Fort Worth, TX resisting and evading arrest attorney from The Dameron Law Firm. Attorney Craig Dameron has more than 20 years of exceptional criminal defense experience, serving Fort Worth and surrounding counties. Call 817-222-0624 to schedule your free consultation.