Resisting Arrest in Dallas
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If you are charged with resisting arrest in Dallas or the surrounding area, you will likely end up facing serious penalties. These penalties include heavy fines and even jail time. While Dallas follows laws that are similar to other cities and states throughout the country, it may be helpful for your situation to be aware of the details associated with Texas law.
Resisting Arrest, Search, or Transportation & Texas Law
Under Texas law, a person can be charged with resisting arrest when he has intentionally prevented an officer from executing an arrest, search, or transportation of the person by using force against the officer.
In this case, a defense claiming that the arrest or search was unlawful will not be considered. Typically, this charge is classified as a Class A misdemeanor and will subject the defendant to penalties including as much as a $4,000 fine and a one-year jail sentence.
The charge is heightened to that of a Third Degree felony if the defendant used a deadly weapon when attempting to resist arrest or search. A Third Degree felony is punishable by a fine for as much as $10,000 and a prison term of two to ten years.
Evading Arrest or Detention in TX
One can be charged with the crime of evading arrest or detention if he intentionally flees from a known officer who is attempting to lawfully arrest or detain him. This charge is classified as a Class A misdemeanor in most cases.
However, it will be increased to a State Jail felony if the individual has been convicted of this crime in the past or he used a vehicle to evade the officer and has not been previously convicted. A State Jail felony is punishable by a fine up to $10,000 and a jail term of 180 days-two years.
Furthermore, a Third Degree felony will be associated with this crime if he has been previously convicted of this crime and uses a vehicle to evade the arrest or detention or another party suffers serious bodily injury as a direct result of the attempted evasion.
In addition, a Second Degree felony charge will result if another party dies as a direct result of the attempted evasion. In Texas, a Second Degree felony conviction will result in a fine for as much as $10,000 and a prison sentence of anywhere between two and twenty years in prison.
Is Hindering Apprehension or Prosecution a Crime in Texas?
A crime related to resisting arrest is hindering apprehension or prosecution. This crime is committed after a person, with the intent to hinder the arrest or prosecution of another:
- Harbors or conceals the individual;
- Provides or helps to provide the other with the means to avoid arrest; or
- Warns the other of impending apprehension.
Typically, this offense is treated as a Class A misdemeanor. However, the crime will be considered a Third Degree felony if the concealed person is under arrest for another felony.
Do You Need an Attorney?
If you have been arrested on charges related to resisting arrest, it is in your best interest to contact a legal professional at The Wilder Firm as soon as possible to understand your rights and become educated on the options that are available to you.
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