SOUTHERN BORN
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© 2023 by Thornton Criminal Defense, PLLC.
Atascosa Office:
216 N Bryant St
Pleasanton, Texas 78064
FORMER CHIEF PROSECUTOR
PERSONALIZED ATTENTION TO YOUR CASE
NO HOURLY RATES, ALWAYS A FLAT FEE
CLIENT CENTERED APPROACH TO YOUR CASE
BOARD CERTIFIED IN CRIMINAL LAW
OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
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.
Resisting Arrest
Texas Penal Code § 38.03 - RESIST ARR-SEARCH-TR
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.
Punishment Ranges
Level of Offense
Potential Incarceration
Potential Fine
First-degree Felony
Second-degree Felony
Third-degree Felony
State Jail Felony
Class A Misdemeanor
Class B Misdemeanor
2 - 10 years in prison
180 days - 2 years in jail
Up to 1 year in jail
Up to 180 days in jail
2 - 20 years in prison
5 - 99 years in prison
Up to $10,000
Up to $10,000
Up to $10,000
Up to $10,000
Up to $4,000
Up to $2,000
Attorney Brad Thornton
If you have been charged with resisting arrest, search, or transportation in San Antonio, Texas, it is important to take the matter seriously and seek the help of a qualified criminal defense attorney as soon as possible. One option you may want to consider is contacting board-certified criminal defense attorney Brad Thornton for a free consultation.
There are several reasons why you may want to consider calling Attorney Thornton for help with your case. First, Attorney Thornton is a board-certified criminal defense attorney, which means that he has been recognized by the Texas Board of Legal Specialization for his knowledge, experience, and skill in criminal defense law. This is a prestigious distinction that is only held by a small number of attorneys in the state.
One unique aspect of Attorney Thornton's background is that he is a former chief prosecutor. This means that he has insight into the inner workings of the criminal justice system and knows how prosecutors build their cases. This can be invaluable when it comes to developing a strong defense strategy for your case.
Finally, Attorney Thornton offers a free consultation to all potential clients. This means that you can speak with him about your case and get a better understanding of your options without any upfront cost. Given the seriousness of a charge of resisting arrest, search, or transportation, it is important to take advantage of this opportunity to speak with an experienced attorney.
If you have been charged with resisting arrest, search, or transportation in San Antonio, Texas, do not hesitate to contact one of the best resisting arrest criminal defense attorneys in San Antonio for a free consultation. With his knowledge, experience, and skill, he can help you build a strong defense and protect your rights.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the "other side" and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
David I.
Seguin, Texas
Brad was great from the moment he looked at my case. Despite his busy schedule, he made himself easily available, walked us through every detail with care and professionalism, and worked out a great deal with the prosecutor that was much better than any outcome we could have imagined. I don’t plan on needing his assistance again, but if I’m ever unfortunate enough to find myself in another legal bind, Brad will be my first call.
Brian F.
San Antonio, Texas
I have had the opportunity to know Brad both personally and professionally for a while now. As a fellow attorney, I am consistently impressed by his passion and innovative approach to legal issues. He is exceptionally intelligent and is always willing to go above and beyond for his clients. When I refer clients to Brad, I have full confidence that they will receive top-quality representation.
Elaine B.
San Antonio, Texas
Brad is an amazing attorney, and I highly recommend him! He has deep knowledge and understanding how to navigate the law to support his clients. He has a way with people, and truly has his focus on client care and supporting them, during a time that’s usually stressful for clients. He was able to support in getting my case dismissed in less than 2 months and was attentive and personable during the whole process. You have a choice when deciding who’s going to represent you, and to have an attorney that genuinely cares for his clients should be an expectation anyone should set. Brad will meet that expectation 110%!
Kevin E.
Jourdanton, Texas
[Brad] made the process very easy for me, handling everything within a month, with a motion to dismiss all cases against me. I only had to attend court once! The portal he uses to make sure you are aware of everything going on in your case is awesome, I didn’t even have to worry everything got downloaded to the portal with email notifications. I would never use another attorney to represent me, he is the best at what he does.