Defenses To Resisting Arrest

A man in Denton was recently accused of cursing loudly in the parking lot of a Walmart and pulling his arms away from law enforcement officers when they tried to arrest him. The man was subsequently charged with disorderly conduct and resisting arrest. Earlier inside the Walmart, the man had accused a young woman of shoplifting and tried to convince the young lady to go into the back of the store with him. When confronted by law enforcement, the man told the officers that he had been teasing with the young girl. Law enforcement reports that the man would not cooperate and subsequently took him to the Denton City Jail. This case is just one of the many ways in which resisting arrest charges can occur in the state of Texas. If you find yourself facing a resisting arrest charge, you should not hesitate to obtain the assistance of a seasoned criminal defense lawyer.

What Constitutes Resisting Arrest?

Resisting arrest in the state of Texas is defined as intentionally preventing a law enforcement officer from arresting you and/or taking you to jail. There are many types of activities that law enforcement views as resisting arrest, including giving false identification, hiding, running away, struggling with the law enforcement officer, threatening an officer, and even helping another person avoid arrest. There are some types of activity that do not constitute resisting arrest, including asking a law enforcement officer what he or she is doing or failing to comply with a law enforcement officer’s requests.

Defenses to Resisting Arrest Charges

There are several potential defenses that a person can raise in response to a charge of resisting arrest, which include the following:

  • False Allegations: To successfully argue this defense, a person must be able to establish that he or she did not perform any type of activity that constitutes resisting arrest. For example, if a person was merely slow to respond or had a hard time hearing a law enforcement officer, this can not be the basis of resisting arrest.
  • The Law Enforcement Officer Did Not Identify Him or Herself: A person cannot resist a law enforcement if he or she was not aware that the person conducting the arrest was a law enforcement officer.
  • Self Defense: A person has the right to defend him or herself against misconduct by law enforcement, which includes cases of excessive force. A person, however, will lose the right to raise a self defense claim if the use of force by law enforcement was in response to force by the person being arrested.
  • Unlawful Arrest: If the arrest in question was not lawful, a person can not be found to have resisted arrest.

Speak with a Seasoned Criminal Defense Attorney

If you are charged with resisting arrest in Denton or the surrounding area, do not hesitate to contact the seasoned legal team at Wheeler Law Offices. Our legal counsel has the knowledge and experience necessary to make sure that your case resolves in the best possible manner. Contact our office today for a free case evaluation.

(image courtesy of Spenser H)