Houston, TX asked in Criminal Law for Texas

Q: Can self-defense or defense of necessity be used as a defense in a resisting arrest case in Texas criminal law?

"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 or behind by the officer with unreasonable force and the defendant used his foot to stop his body and prevented his head and face from the danger of hitting the wall by putting his foot on the wall and that there was no doorway, since the door was closed or locked, basically there was no other space or entranceway to proceed.

In anyway, the wall would have still impeded or stopped the defendant's movement.

If self-defense or defense of necessity does not apply to this case, what other defense could apply here?

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1 Lawyer Answer
Benson Varghese
Benson Varghese
Answered
  • Criminal Law Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: There are statutory and common law defenses that apply to this. Specifically, Penal Code 9.31(c) sets out two statutory defenses to resisting. You will want to consult with a criminal defense attorney who practices in the jurisdiction the offense arises out of to discuss the specifics of your case and what other defenses might apply. To learn more about the statutory defenses: https://www.versustexas.com/criminal/resisting-arrest/

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