When you hear the term “resisting arrest,” you may picture someone violently fighting with police officers or fleeing the scene of an arrest. But depending on the circumstances you could be charged with resisting arrest for actions that are much more subtle.
Being arrested is not a fun experience and causes most people feelings of stress and fear. You might also be confused if you do not understand the reason for the arrest or do not believe you did anything wrong.
No matter how you feel or what you believe in that moment, it is important to cooperate with the police officers. Follow their commands and act politely and respectfully. Failing to do so could cause you to receive an additional charge of resisting arrest.
Yes, you can be arrested for resisting arrest
Additionally, even if you have not committed an underlying crime, your words and actions when a police officer approaches you could cause you to be arrested solely for resisting arrest.
Under Texas law, resisting arrest essentially means using force to prevent or obstruct an officer’s attempts to arrest you or another person. There are many actions that could be considered using force, including pulling away, struggling or physically fighting back, even if you believe the arrest is illegal.
A lawful arrest in Texas requires a police officer to have personally observed a crime, have an arrest warrant or have probable cause to believe a person committed a crime. Probable cause is a reasonable basis for believing a crime was committed.
How an arrest should be made
When making an arrest, police officers must use only the amount of force necessary to protect themselves while making the arrest. They cannot use excessive force.
However, remember that even if you believe the police officers are not following these laws in that moment, you should not resist the arrest. There is a correct time and place to challenge the arrest.
Once you are arrested, you will eventually appear in court. This is the time to challenge the arrest. If the circumstances that led to your arrest were illegal, your criminal charge could be dismissed.