How Do You Handle A Resisting Arrest Charge In Texas?

Understanding Resisting Arrest in Texas

Facing a resisting arrest charge in Texas can be overwhelming, especially given the complexities of state laws around such offenses. At Hooton Law Center, we understand that navigating these charges requires a clear understanding of your rights and the law. In Texas, resisting arrest is considered a serious offense that can lead to significant consequences, including jail time, fines, and a permanent criminal record. Let’s break down the essential information to help you or a loved one approach this charge with knowledge and strategy.

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What Constitutes Resisting Arrest?

In Texas, resisting arrest is defined under Texas Penal Code §38.03 as intentionally preventing or obstructing a law enforcement officer from making an arrest, search, or transportation by using force. It’s essential to note that "force" is a key factor; even minimal physical resistance can lead to a charge, such as pulling your arm away or refusing to be handcuffed. Verbal opposition alone, however, does not meet the definition of resisting arrest. Understanding this difference can help you know whether the charge against you is based on a lawful interpretation of the incident.

Potential Consequences of a Resisting Arrest Conviction

The penalties for resisting arrest in Texas vary depending on the circumstances but are generally severe. Resisting arrest is typically charged as a Class A misdemeanor, carrying penalties of up to one year in jail and/or a fine of up to $4,000. However, if the alleged resistance involved the use of a deadly weapon, the charge can escalate to a third-degree felony, which could result in 2 to 10 years in prison and a fine up to $10,000. The specific consequences will depend on the details of the case, including any past criminal history or additional charges.


If you’ve been charged with resisting arrest, it’s important to know that there are valid defenses that may apply to your situation. Common defenses include lack of intent, where the accused did not intentionally resist or obstruct the officer. Another defense could be unlawful arrest, where an officer may have lacked legal grounds for the initial arrest. Self-defense may also apply in cases where excessive force was used by law enforcement. At Hooton Law Center, our team evaluates each case individually to identify the best defense strategy for your unique situation.



Resisting arrest charges require a strong legal defense to protect your rights and achieve the best possible outcome. At Hooton Law Center, we specialize in defending individuals against such charges in Texas, using our expertise in criminal law to provide a thorough defense. From gathering evidence to challenging procedural errors, our experienced attorneys work to mitigate the impact of these charges on your life. If you or a loved one is facing a resisting arrest charge, contact us today for a consultation. Our team is here to offer guidance, support, and effective legal representation.

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