What is the Texas Resisting Arrest, Search, or Transportation Law?

Understanding Texas Resisting Arrest, Search, or Transportation Law

At Hooton Law Center, we believe that understanding the laws that govern our actions is crucial, especially in situations involving law enforcement. One such law in Texas is the Resisting Arrest, Search, or Transportation statute, found under Texas Penal Code § 38.03. This law is designed to address instances where an individual intentionally attempts to prevent a police officer or someone acting in the officer's direction from making an arrest, conducting a lawful search, or transporting them.

Book a consultation

Defining Resisting Arrest in Texas

In Texas, resisting arrest, search, or transportation is defined as using force against a peace officer to obstruct them from carrying out their duties. It is important to note that the law specifies the use of "force." Simply refusing to cooperate without using physical force does not fall under this statute. However, even minimal resistance, such as pulling away or tensing up when being handcuffed, could potentially lead to a charge.


A key point of this law is that the officer must be acting lawfully at the time of the incident. If the arrest or search is deemed unlawful, resisting arrest might be considered in a different light. Nonetheless, challenging the legality of an arrest is generally more appropriate in court rather than during the arrest itself, as resisting can lead to serious legal consequences.

Penalties for Resisting Arrest, Search, or Transportation in Texas

In Texas, resisting arrest, search, or transportation is typically classified as a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. However, if a deadly weapon is used in the act of resistance, the charge escalates to a third-degree felony, which carries more severe penalties.


If you or a loved one is facing a resisting arrest charge, it’s essential to seek legal counsel. At Hooton Law Center, we are committed to providing knowledgeable and dedicated representation to help you navigate the complexities of Texas criminal law.

Share by: