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Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Texas Penal Code § 38.03 - RESIST ARR-SEARCH-TR
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Top Resisting Arrest Criminal Defense Attorney in San Antonio, Texas
In Texas, the offense of resisting arrest, search, or transportation is governed by Texas Penal Code section 38.03. This offense occurs when a person intentionally prevents or obstructs a person they know 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.
It is important to note that a person can be charged with this offense even if the arrest, search, or transportation is ultimately unsuccessful or if the peace officer's actions were unlawful. However, the use of force must be intentional, and the person must know that the person they are obstructing is a peace officer.
This offense is a Class A misdemeanor, which is punishable by up to one year in jail and a fine of up to $4,000. However, if the person uses a deadly weapon while resisting arrest, search, or transportation, the offense is elevated to a third-degree felony, which is punishable by 2 to 10 years in prison and a fine of up to $10,000.
Resisting Arrest Defenses
If you have been charged with the offense of resisting arrest, search, or transportation in Texas, you may be feeling overwhelmed and uncertain about what to do next. It is important to understand that you have the right to defend yourself against these charges, and there are several potential defenses that may be available to you.
One defense to a charge of resisting arrest, search, or transportation is that you did not use force against the peace officer or another person. In order to be convicted of this offense, the prosecution must prove that you intentionally used force to prevent or obstruct the arrest, search, or transportation. If you did not use force, or if your actions were not intentional, you may be able to successfully defend against these charges.
Another defense is that you did not know that the person you were obstructing was a peace officer. In order to be convicted of this offense, the prosecution must prove that you knew the person you were obstructing was a peace officer or was acting at the direction of a peace officer. If you did not know this, you may be able to use this as a defense.
You may also be able to defend against these charges by arguing that the peace officer's actions were unlawful. If the peace officer was not acting within the scope of their authority or was violating your rights, you may be able to argue that you were justified in resisting their actions.
It is important to keep in mind that each case is unique, and the defenses that are available to you will depend on the specific circumstances of your case. An experienced criminal defense attorney can help you evaluate your options and determine the best course of action for your defense.
If you are facing charges of resisting arrest, search, or transportation in Texas, do not hesitate to seek the advice of a qualified criminal defense attorney. With the right legal representation, you may be able to have your charges reduced or dismissed and protect your rights and freedom.