Q: Can self-defense be a argued as a defense in resisting arrest in Texas trial court?
"A defendant was charged with resisting arrest for unlawfully intentionally prevented and obstructed an officer from effecting transportation by using force against the officer, namely by PLACING HIS FOOT IN THE DOORWAY"
The defendant argued that he was pushed from the back by the officer and he used his foot to stop his head and face from hitting the wall by putting his foot on the wall and that there was no doorway, since the door was locked.
In anyway, the wall would have still impeded or stopped the defendant's movement. So, can an officer order a defendant to harm himself during an arrest. For example, bump his head on the wall, shoot himself with a gun, or cross the road against a moving vehicle? Then, if the defendant refuses or resists this order, can he be charged with effecting transportation.
In another development, can necessity justification be argued as a defense in this kind of case?
A: Sounds like a defense to me, but he would have to go to trial on it. However, I am not aware of self defense ever being a defense to resisting bc if that were the case everyone ever arresteded would use that as an excuse.
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