Dallas Resisting Arrest Attorney
Texas law requires that you comply with a police officer, should one attempt to place you under arrest, search you, or transport you to jail. In addition,
it is against the law to prevent or obstruct a policeman from arresting, searching, or transporting another. In either instance, it makes no difference whether or not the arrest was lawful. For example, even if a judge later issues a court order stating that the underlying arrest was unconstitutional, or if the original case for which you were arrested results in a dismissal or acquittal at trial, you can still be prosecuted for the the offense of resisting arrest, search, or transportation.
Sometimes, you may not know that a peace officer is attempting to place you in custody. For example, if a plainclothes or undercover officer seeks to arrest you, and fails to inform you that he is a member of law enforcement, you may think that someone is trying to to kidnap or unlawfully restrain you. Under these circumstances, you may have a defense to prosecution, because the statute requires that you know that it is a policeman with whom you are dealing.
Texas Penal Code Section 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Acts 1991, 72nd Leg., ch. 277, Sec. 1, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.