San Antonio Resisting Arrest Attorney
Top Resisting Arrest Attorneys 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.
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.
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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 San Antonio, do not hesitate to seek the advice of a qualified resisting arrest 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 | 5 - 99 years in prison | Up to $10,000 |
| Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
| Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
| State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
| Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Contact Our San Antonio Resisting Arrest Lawyer, Attorney Brad Thornton, Today
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 resisting arrest lawyer as soon as possible. One option you may want to consider is contacting board-certified resisting arrest lawyer, 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.
