How to Prove Your Resisting Arrest Charge Was Unlawful

 Posted on February 13,2024 in Criminal Defense

Being arrested can be scary and confusing, and you feel unjustified, especially when you know you have done nothing wrong. So when police slap handcuffs on you, it is understandable to pull away or question why it is happening instinctively. However, physically resisting arrest or disobeying officers' orders could lead to additional charges that hurt your case.

If you find yourself accused of resisting arrest, do not panic. With the right evidence and legal argument, you may be able to beat the charge and even have the mistaken arrest wiped from your record. A Texas criminal defense attorney can help you to see if there is any potential to fight your charge.

Were You Unaware You Were Resisting?

Another defense your lawyer might use is that you were unaware you were resisting in the first place. Perhaps you reflexively pulled your arm back when cuffed or did not hear instructions over ambient noise.

Texas law requires suspects to resist for it to be a knowingly committed crime. Your charge could get dismissed with evidence you did not intend to oppose officers.

Questioning the Legality of the Initial Detention or Arrest

The very first step is determining whether the original detention or arrest by law enforcement was legal in the first place. Sometimes, you can still face charges even if the arrest was unlawful. However, you can work to fight the charges.

So, for example, if police officers put their hands on you, restrained you, or took you into custody without proper probable cause or a valid warrant, then any reasonable resistance or failure to comply on your part would likely not qualify as a crime under Texas law. An experienced local criminal defense lawyer can thoroughly review your arrest's specifics to assess whether law enforcement overreached its authority or blatantly violated your civil rights and liberties.

Were Mistakes Made In Reporting the Arrest?

Carefully scrutinize the police report for any misleading or false statements about how the arrest went down. Common mistakes include:

• Exaggerating the level of resistance shown
• Failing to note communication problems impacting compliance
• Lying about orders given or conduct during the arrest

Spotting material inaccuracies can help undermine the state's case and have charges reduced or thrown out.

Contact a Denton County, TX Criminal Defense Lawyer

With an attentive Cooke County, TX criminal defense attorney fighting by your side, you have a strong chance of beating the charge and clearing your name. Do not be afraid to push back against police misconduct. Call Magaña & Van Dyke at 940-382-1976 to get started with a free consultation and to see if and how we can help you with your specific situation.