Understanding Resisting Arrest Charges

 Posted on November 15, 2024 in Criminal Defense

Getting arrested can be an unsettling experience. Being handcuffed can be one of the worst, if not the absolute worst, moments in your life. People are not often thinking rationally while they are being arrested. Your knee-jerk reaction might be to fight back. People who have experienced violence in their lives may be triggered and instinctively resist what they perceive as an assault. Those who did not commit the crimes they are accused of are often even more likely to resist arrest than those who did out of sheer panic. Even if the charges you were initially arrested for do not stick, a resisting arrest charge might. If you have been charged with resisting arrest, you should immediately reach out to a well-qualified Houston, TX criminal defense lawyer.

What Does Resisting Arrest Mean? 

Most people resist getting arrested in some way. You can only be charged with resisting arrest if you used force against the officer who was trying to arrest you. Going limp and refusing to walk to the cruiser is generally not considered resisting arrest because there is no force involved. People who go limp are not doing anything to make the arresting officer’s job easier but are not resisting forcefully. However, elbowing the officer in the stomach while he tries to handcuff you would be considered resisting arrest as there is force involved.

What is the Difference Between Resisting Arrest and Assaulting a Law Enforcement Officer? 

Both crimes involve using force against a police officer. People are often charged with both offenses at the same time after a struggle with the police. You can be charged with resisting arrest only if you are being arrested if the police are trying to execute a search warrant, or if they are trying to transport you. If none of those apply when you use force against a police officer, you would be charged with assaulting a police officer. For example, if a police officer is simply writing you a traffic ticket and you reach through the window and slap it out of his hand, you might be charged with assault on a police officer.

What if the Arrest Was Unlawful? 

Resisting an unlawful arrest is often an instinctual maneuver. However, you can still be charged with resisting arrest. People who are being subjected to an unlawful arrest are expected to cooperate and wait for the court to sort out the situation. Fighting back can leave you with a criminal record for resisting, even if your initial charges are quickly dismissed.

Contact a Harris County, TX Defense Lawyer 

Murphy & McKinney Law Firm, P.C. is dedicated to providing the best representation possible to people who are facing charges for resisting arrest. Experienced Houston, TX resisting arrest attorney Doug Murphy can help with all of the charges you are facing. Contact us at 713-229-8333 for a complimentary consultation.