Defense Attorneys for San Antonio Arrests in Texas

Resisting Arrest Charges in San Antonio

An arrest can be extremely emotional and chaotic. This may lead to behavior that causes issues with the arrest. If an alleged offender struggles or creates unnecessary problems, he or she may be charged with resisting arrest.

Numerous scenarios can lead to a resisting arrest charge such as attempting to flee, fighting an officer, or being generally unwilling to corporate. A resisting arrest conviction is a Class A Misdemeanor. The maximum penalties include:

• Up to one year in prison; and
• A possible fine of up to $4,000.

Evading Arrest Charges Under Texas Law

A person who escapes a search or arrest may be charged with evading arrest. Normally, this offense occurs in motor vehicle chases. In some cases, an evading arrest charge may be a simple misunderstanding. However, Texas law does not treat those accused of evading arrest lightly.

According to Texas Penal Code § 38.04, a person who flees from an officer will face a Class A misdemeanor. However, certain factors may elevate these penalties. An evading arrest charge will be elevated to a state jail felony if:

• The alleged offender has been previously convicted of evading arrest; or
• The alleged offender uses a vehicle or watercraft while in flight.

The penalties for a state jail felony are punishable by up to 180 days to 14 months in state jail and a possible fine of up to $10,000.

An evading arrest charge will be elevated to a third-degree felony if:

• The alleged offender uses a vehicle or watercraft while in flight and was previously convicted of evading arrest; or
• Causes serious bodily injury to another as a direct result of an attempt to flee.

A third-degree felony is punishable by up to 2 to 10 years in prison and a possible fine of up to $10,000.

An evading arrest charge will be elevated to a second-degree felony if another person dies as a direct result of an attempt to flee from an officer or investigator. The penalty for a second-degree felony is punishable by up to 2 to 20 years in prison and a possible fine of up to $10,000.

Failure to Identify Offense in San Antonio, Texas

Upon arrest, an alleged offender is required to provide their name, address, and date of birth to the arresting officer. Those who do not comply may face charges of failure to identify charges. Any person who provides false information will be charged with failure to identify.

If a person refuses to provide the requested information, he or she will face a Class C misdemeanor that is punishable by a possible fine of up to $500. Those who provide false information will have their charges elevated to a Class B misdemeanor.

The penalties for a Class B misdemeanor include:

• Up to 180 days in jail; and
• A possible fine of up to $2,000

If the person is a fugitive and intentionally doesn’t provide the appropriate information, to an officer he or she will face a Class B misdemeanor. Lastly, any person who is a fugitive and provides false identifying information will face a Class A misdemeanor