If you are charged with resisting arrest in Plano or the surrounding area, you will likely end up facing serious penalties. These penalties include heavy fines and even jail time. While Plano follows laws that are similar to other cities and states throughout the country, it may be helpful for your situation to be aware of the details associated with Texas law. At the Wilder Law Firm, we understand that police officers’ stories can be vastly different than what happened. Call our Plano criminal lawyers now to build your defense.
Under Texas law, a person can be charged with resisting arrest when he has intentionally prevented an officer from executing an arrest, search, or transportation of the person by using force against the officer.
In this case, a defense claiming that the arrest or search was unlawful will not be considered. Typically, this charge is classified as a Class A misdemeanor and will subject the defendant to penalties including as much as a $4,000 fine and a one-year jail sentence.
The charge is heightened to that of a Third Degree felony if the defendant used a deadly weapon when attempting to resist arrest or search. A Third Degree felony is punishable by a fine for as much as $10,000 and a prison term of two to ten years.
One can be charged with the crime of evading arrest or detention if he intentionally flees from a known officer who is attempting to lawfully arrest or detain him. This charge is classified as a Class A misdemeanor in most cases.
However, it will be increased to a State Jail felony if the individual has been convicted of this crime in the past or he used a vehicle to evade the officer and has not been previously convicted. A State Jail felony is punishable by a fine up to $10,000 and a jail term of 180 days-two years.
Furthermore, a Third Degree felony will be associated with this crime if he has been previously convicted of this crime and uses a vehicle to evade the arrest or detention or another party suffers serious bodily injury as a direct result of the attempted evasion.
In addition, a Second Degree felony charge will result if another party dies as a direct result of the attempted evasion. In Texas, a Second Degree felony conviction will result in a fine for as much as $10,000 and a prison sentence of anywhere between two and twenty years in prison.
A crime related to resisting arrest is hindering apprehension or prosecution.
This crime is committed after a person, with the intent to hinder the arrest or prosecution of another:
Typically, this offense is treated as a Class A misdemeanor. However, the crime will be considered a Third Degree felony if the concealed person is under arrest for another felony.
If you have been arrested on charges related to resisting arrest, it is in your best interest to contact a legal professional at the Wilder Law Firm as soon as possible to understand your rights and become educated on the options that are available to you.