Walk It Through: The Sidewalk
A Class C misdemeanor, resisting by force, and up to $500.
After a concert, a person who has had too much to drink is sitting on the sidewalk outside a bar when an officer walks over.
Two things a person in this spot might do. Picking one shows what the law says about it.
One night and one sidewalk. A person under 21, evading on foot, and the arrest itself are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class C misdemeanorThe lowest offense level, for which the Penal Code sets a fine of up to $500.
- IntoxicatedEither not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug or any other substance, or having an alcohol concentration of 0.08 or more.
- Evading arrest or detentionIntentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain the person. It is a Class A misdemeanor, and more in a vehicle or after a prior conviction.
- Resisting arrestIntentionally preventing or obstructing a person known to be a peace officer from arresting, searching or transporting anyone, by using force against the officer or another.
- State jail felonyThe felony level below third degree: 180 days to two years in a state jail, and a fine of up to $10,000.