Imagine this: You’re having a tense exchange with a police officer, and before you know it, things escalate. You get frustrated, maybe you pull your arm away or shove the officer’s hand off you. Now, you’re risking a resisting arrest charge. Many people think you have to go full “action movie” to be hit with this, but Texas law is quick to punish anything that looks like resistance.
In this state, you don’t have to take a swing at a cop to get slapped with a resisting arrest charge. Sometimes a nudge, a step back, or even just tensing your body can be enough to put you in serious legal jeopardy. So, what does it actually mean to resist arrest in Texas? And more importantly, what can you do if you’re charged with it?
What Actions Constitute Resisting Arrest?
In Texas, resisting arrest means more than throwing punches or running away from a cop. According to Section 38.03 of the Texas Penal Code, you commit the crime of resisting arrest if you intentionally prevent or obstruct a peace officer from making an arrest, conducting a search, or transporting someone. The key word here is intentionally—you have to know you’re interfering with the officer’s duties.
Now, what counts as obstruction? The law says you must use force. This can include pushing, pulling, or even nudging away from an officer. You might think you’re just protecting yourself or asserting your rights, but if you physically resist the officer’s commands in any way, you’re opening yourself up to a resisting arrest charge.
For example, jerking your arm away when an officer tries to handcuff you is enough to be charged. Sometimes even going limp when they try to transport you could count. Remember, anything beyond verbal non-compliance may be considered “force” under the law.
Common Misconceptions About Resisting Arrest
Many people assume that if the arrest itself is illegal, resisting is fair game. Not in Texas. Under Section 38.03, the legality of the arrest doesn’t matter when it comes to a resisting arrest charge. Let’s say the police stopped you without probable cause. Sure, you can challenge that later in court—but if you resist in the moment, that’s a separate issue entirely. The law expects you to go along with the arrest, regardless of whether it’s justified, and let the courts sort it out later.
Another common misconception is that non-violent acts don’t count. People think they’re only resisting if they throw a punch or try to flee. In reality, as long as you use any form of physical force to prevent the officer from doing their job, you can be charged with resisting arrest. Something as minor as shifting your weight or tensing up can be enough to trigger this charge.
The Stakes: Class A Misdemeanor vs. Felony
Resisting arrest is usually charged as a Class A misdemeanor, which is nothing to scoff at. If convicted, you could be looking at up to a year in county jail and a fine of up to $4,000. However, if a deadly weapon is involved—anything from a firearm to a makeshift weapon—you’re now facing a third-degree felony. This is a whole different ballgame, with penalties ranging from 2 to 10 years in prison and up to $10,000 in fines.
Don’t Wait—Get Legal Help Now
If you’re dealing with charges for allegedly resisting arrest, don’t assume it’ll blow over. The consequences can be severe, especially if prosecutors try to turn a minor scuffle into a felony case. You need an aggressive defense that knows how to challenge the state’s case and expose any flaws in the prosecution’s arguments. Call Ryan Brown Attorney at Law, P.L.L.C.. at (806) 372-5711 to get started on defending your freedom.
Ryan Brown
