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How to Get Resisting Arrest Charge Dropped
Being charged with resisting arrest can be really overwhelming. This is especially true if you believe you did nothing wrong or if the situation escalated quickly. Many people assume that once they have been arrested, a conviction is a sure thing. This, however, isn't always the case. Depending on the circumstances of the incident, resisting arrest charges may be reduced or even dismissed.
If you have been charged with resisting arrest in Texas, you should understand that every case is different. A charge may not lead to a resisting arrest conviction. It depends on the evidence, the action of the police officers involved, and the legal strategy that your TX criminal defense lawyer uses.
If you want to know how to get resisting arrest charges dropped, keep reading to learn more about the possible options an experienced criminal lawyer has to help. They can also help with questions such as what happens at a felony sentencing hearing?
What Is Resisting Arrest in Texas?
Under Texas law, a person can be charged with resisting arrest if they intentionally prevent or obstruct a law enforcement officer from making an arrest, conducting a search, or transporting them by using force against that officer.
It's important to understand that simply questioning an officer or verbally disagreeing with them is not a resisting arrest offense. The prosecution must prove that the defendant used excessive force to interfere with what the officer was doing.
In most cases, resisting arrest is charged as a Class A misdemeanor, those certain things can make the criminal offense more serious.
Can a Resisting Arrest Charge Be Dropped?
Yes. A resisting arrest charge can be dismissed in some cases. However, it's never automatic, even if the defendant claims self defense, that it was an unlawful arrest, or that the arresting officer didn't have reasonable suspicion to arrest them in the first place.
The prosecution must prove every part of the charge beyond a reasonable doubt. If they cannot do that, or if a person's constitutional rights were violated, a defense attorney can seek a dismissal or negotiate for a favorable resolution. They can also help with likes like is jaywalking illegal in texas?
Common Reasons a Charge May Be Dropped
It's possible that charge can be dropped, and there are several factors that can affect this.
Lack of Evidence
If there is not enough evidence to prove that the defendant resisted, if witness statements don't tell the same story, or if the evidence just isn't strong enough, the prosecution might voluntarily drop the charges if they know they can't prove it beyond a reasonable doubt.
Video Evidence Supports Your Defense
Today, many police encounters are recorded, either through body camera footage, dashboard cams, surveillance cams, or cell phones. Video evidence can show that the defendant actually complied with officers, that they didn't use force, or that the events do not line up with the police report.
In some cases, this evidence becomes the strongest argument for dismissing the charges.
Unlawful Police Conduct
If your rights were violated during the encounter, your attorney may be able to challenge evidence obtained as a result of the unlawful conduct. While not every mistake by police leads to dismissal, constitutional violations can significantly affect a criminal case.
Insufficient Proof of Intent
Texas law requires prosecutors to prove that the defendant intentionally resisted arrest through the use of force.
If your actions were accidental, caused by confusion, or misunderstood during a stressful situation, the prosecution may have difficulty establishing criminal intent.
Negotiated Resolution
Not every dismissal results from a courtroom battle. In some situations, an experienced criminal defense attorney can negotiate with prosecutors to resolve the case without a conviction.
Depending on the facts and your criminal history, alternative resolutions or reduced charges may be available.
What Should You Do After Being Charged?
If you've been charged with resisting arrest, the steps you take immediately afterward can affect your case.
It's important to:
Remain calm and avoid discussing the incident with others.
Do not post about your case on social media.
Preserve any photographs, videos, or other evidence.
Obtain the names of any witnesses who observed the incident.
Contact a criminal defense attorney as soon as possible.
The earlier your attorney becomes involved, the more opportunities there may be to build a strong defense. For more information, hire a criminal lawyer in Fort Worth.
Does the Underlying Arrest Matter?
Many people believe that if the original arrest was unlawful, a resisting arrest charge will automatically be dismissed. Unfortunately, that is not always the case.
Under Texas law, even if the underlying arrest is later determined to be invalid, prosecutors may still pursue a resisting arrest charge depending on the facts.
That said, the circumstances surrounding the arrest remain extremely important. An experienced attorney will examine every aspect of the encounter to determine whether legal defenses are available.
Possible Defenses to Resisting Arrest
Every case is unique, but several defenses may apply.
These include:
You did not use force against the officer.
The officer misinterpreted your actions.
The evidence is inconsistent or unreliable.
Video footage contradicts the police report.
Witness testimony supports your version of events.
Your constitutional rights were violated during the encounter.
A thorough review of the evidence often reveals facts that are not immediately apparent from the initial police report.
Why You Should Take the Charge Seriously
Although resisting arrest is commonly charged as a misdemeanor, a conviction can still have lasting consequences.
A criminal record may affect employment opportunities, professional licensing, housing applications, and educational opportunities. Depending on the circumstances, additional criminal charges may also accompany a resisting arrest allegation.
Taking the charge seriously from the beginning gives you the best opportunity to protect your future.
Contact Sparks Law Firm
If you have been charged with resisting arrest in Fort Worth or the surrounding area, don't assume a conviction is inevitable. Every case deserves a careful review of the evidence, and there may be legal defenses available that could lead to reduced charges or dismissal.
At Sparks Law Firm, we represent individuals facing misdemeanor and felony charges throughout North Texas. We understand how stressful criminal accusations can be, and we are committed to protecting your rights every step of the way.
Contact Sparks Law Firm today to schedule a confidential free consultation and learn more about your legal options.