In Texas, resisting arrest is considered a crime. Resisting arrest is defined as the failure to submit yourself calmly and willingly when being arrested by a law enforcement officer. It can also be defined as intentionally obstructing or preventing a police officer from performing a search or arrest by using force or a weapon. The penalties for resisting arrest vary, but you can be charged with a Class A misdemeanour or a felony charge.
Although you may want to protect your innocence and avoid arrest, obstructing the officer from doing their job can cause you to be charged and it may make law enforcement believe you are guilty and trying to escape. Here’s what you need to know about why you should not resist arrest in Texas and how our bail bondsman can help you if you’ve been arrested.
The Law on Resisting Arrest in Texas
In Texas you can be found guilty of resisting arrest even before you are charged with the suspected crime. When an offender tries to prevent a law enforcement officer from completing an arrest and transporting them to jail, they may face a charge for resisting arrest. It does not matter to the law enforcement officer whether you feel that the arrest is unlawful or not; the very act of resisting arrest can lead you to be guilty. Resisting arrest is usually a Class A misdemeanor but if the offender uses a deadly weapon, the charge will be escalated to a felony.
Unlawful Arrests Still Lead to Resisting Arrest Charges
There are situations where an unlawful arrest leads you to a charge for resisting arrest. Although this can happen, it doesn’t mean you have no defense for your case. If a resisted arrest charge is used to stack the decks against you and maximize your penalties, you should speak to your attorney and bail bonds agent as soon as you get to jail. You can still fight the charge in court.
What to Do When You Are Arrested in Texas
Resisting arrest charges can be serious, so it is best to avoid this situation in the first place. Here are some important tips on how you should behave when you encounter a Texas police officer.
- If you are being pulled over in a vehicle, do so on the right shoulder as soon as it is safe. Wait in your car until the officer approaches, and do not attempt to get out of your car.
- Place your hands on the steering wheel and keep them there until the officer gives you an instruction.
- If your encounter with the police officer leads to your arrest, remain calm and follow all the directions given by the officer. Do not speak or say anything as it could harm your case in the future.
- After you have been arrested and taken to jail, you can calmly request to call your attorney or bail bondsman for guidance.
Penalties for Resisting Arrest in Texas
Resisting arrest is punishable in Texas by up to one year in jail and/or a fine of $4,000. If you used a deadly weapon to resist getting arrested, the charges would increase to a third-degree felony. This charge is punishable by up to 10 years in jail and a $10,000 fine. When getting arrested, it’s not the time to mess around or take it lightly; listen to the instructions of the police officer, even if they seem unfair, and deal with the situation once you get to jail with your attorney.
How a Bail Bondsman Can Help
Getting arrested can be scary, especially if you don’t know why it’s happening or if you are being handled unfairly by the officers. However, resisting arrest could harm your case, so even if you are innocent, you should still be careful to follow the instructions of the officers and remain as calm as possible. Resisting arrest would be a terrible mistake, which is why you should wait until you get to jail and contact your attorney and seek a bail bond in Texas.
Contacting a bail bondsman as quickly as possible is your best solution to get out of jail and hopefully have your penalty reduced or dismissed completely. PCS Bail Bonds can help you if you need to post bail. We provide 24-hour bail bonds for all kinds of charges including theft, drug possession, embezzlement, traffic violations, assault, and more. We are the right team to work with because we offer 10% lower bond fees than our competitors.
We are members of the Professional Bondsmen of Texas, Tarrant County Bar Association, and Professional Bondsmen of Tarrant County. We help clients in Fort Worth, Texas, and other municipalities in Tarrant County. We process our clients’ requests quickly and efficiently because we understand how threatening and uncomfortable it can be to stay in jail until your trial. Our bond agents are always on call and we can be down to the jail in under 30 minutes.