Resisting Arrest Defense in Harris County


NTLA-roundResisting Arrest Defense

Resisting arrest is a misdemeanor offense in Texas unless the person uses a deadly weapon to resist the arrest or search. Attorney Sullivan has a proven record of defending individuals accused of resisting arrest and other misdemeanor and felony offenses.

If you need a Houston criminal lawyer to defend you, contact James Sullivan at (281) 546-6428 for a confidential consultation. Sullivan gets proven results in misdemeanor and felony criminal and juvenile cases in Harris, Fort Bend and Montgomery counties. Sullivan attended Gerry Spence’s Trial Lawyers College and was invited to join The National Trial Lawyers association.

 

Texas Penal Code, § 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, § 1, eff. Jan. 1, 1974.  
Acts 1991, 72nd Leg., ch. 277, § 1, 2, eff. Sept. 1, 1991;  Acts 
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

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