Man Tased For Resisting Arrest
Denton law enforcement recently used a taser on a patient from a mental health facility who resisted arrest. The facility in question helps individuals with developmental and intellectual disabilities. Law enforcement told the man to leave the street prior to arresting him on a charge of being a pedestrian in a roadway. After being tased, law enforcement took the man into custody. This is just one case of individuals resisting arrest. When a person is charged with resisting arrest, he or she should contact a talented criminal defense lawyer.
What is Resisting Arrest?
In the state of Texas, law enforcement must satisfy certain requirements to convict a person with resisting arrest. Individuals can be charged with resisting arrest even if the arrest in question was not lawful. Some of the elements that law enforcement will be required to prove to convict an individual include:
- The person intentionally prevented or obstructed a officer’s duties.
- The arresting individual must have been known as a law enforcement officer or the person acting on behalf of a law enforcement officer.
- Force must have been used against the arresting individual.
Examples of Resisting Arrest
Resisting arrest occurs when a person prevented a law enforcement officer from arresting the individual, got in the way of a law enforcement officer’s search for a wanted fugitive, or prevent a law enforcement officer from transporting a person that was in process of being placed in custody. Some specific examples of resisting arrest include:
- Engaging in violent acts against an arresting law enforcement officer.
- Preventing a law enforcement officer from handcuffing you.
- Refusing to provide identification to the police.
- Struggling against a law enforcement officer who is trying to arrest you.
Defenses to Resisting Arrest
There are fortunately some potential defenses that a person can raise in a response to a charge of resisting arrest. Some of these defenses include the following:
- The arresting law officer used excessive force.
- The individual did not use force to resist the arrest.
- The individual lacked the intent to satisfy the requirement of resisting arrest.
- Law enforcement did not identify themselves prior to or while making the arrest.
The Difference Between Resisting and Evading Arrest
Evading arrest is often confused with resisting arrest. Evading arrest refers to when a person flees from a law enforcement officer whether on foot or by a motor vehicle. In order to satisfy an evading arrest charge, prosecution must prove that a person intentionally fled the place in order to avoid being arrested. While fleeing on foot is a Class B misdemeanor, fleeing in a vehicle is considered a state jail felony. For individuals who receive repeat charges of evading arrest, an evading arrest conviction will be classified as a second-degree felony.
Contact a Skilled Defense Attorney
The representation of a strong defense lawyer can prove vital when a person is charged with resisting arrest. Not only can a defense attorney help respond to the resisting arrest charge, counsel can also help if you have been charged with an underlying offense. At Wheeler Law Office, our legal counsel will help create the best possible defense to help your case resolve in the best possible manner. Contact our law firm today for further assistance.
(image courtesy of Joshua Ness)