Too many people in Texas are charged with resisting arrest when they're simply scared or confused
Getting arrested can feel like being caught in a sudden storm. You might feel confused and scared, and your instincts might tell you to pull away or defend yourself. But in Texas, even small acts of resistance during an arrest can lead to serious criminal charges.
Many people are shocked to learn that you can be accused of resisting arrest even if you believe you’ve done nothing wrong or the arrest itself wasn’t justified. Understanding what counts as “resisting” and how the law works can make all the difference in protecting your rights.
What does it mean to resist arrest in Texas?
Under Texas Penal Code §38.03, a person commits the offense of resisting arrest if they intentionally prevent or obstruct a peace officer from carrying out an arrest, search, or transportation. What’s important here is intent. Prosecutors must prove that you knowingly tried to interfere.
Resisting doesn’t always mean fighting or throwing punches. It can be as simple as tensing your arms, pulling away when an officer tries to handcuff you, or refusing to get into a police car. Even yelling, arguing, or trying to walk away can be seen as resistance, depending on the situation.
Texas law is also clear that this rule applies even if the arrest itself turns out to be unlawful. In other words, thinking “I shouldn’t be arrested” or “the officer is wrong” isn’t a legal excuse for resisting.
Can you be charged for resisting an unlawful arrest in Texas?
In Texas, you can face charges for resisting an unlawful arrest, and this surprises many people. Texas law specifically states that it’s not a defense if the arrest was unlawful. The reasoning is simple: lawmakers want to prevent dangerous confrontations between citizens and officers.
The idea is that any disputes about an arrest should be handled later in court, not on the street. Even if an officer oversteps their authority, resisting can still land you in jail.
What are the penalties for resisting arrest in Texas?
In most cases, resisting arrest is a Class A misdemeanor. A conviction can lead to:
- Up to 1 year in county jail
- A fine of up to $4,000
- A permanent criminal record
That record can follow you for years, making it harder to find a job, rent an apartment, or qualify for professional licenses. If a deadly weapon is used during the resistance (even if it’s not fired or used to harm), the charge can be raised to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The penalties can also increase if the situation involves multiple officers, injury, or prior convictions.
How is resisting arrest different from evading arrest or assaulting an officer?
These three charges are often confused, but they’re very different under Texas law. Resisting arrest involves physically opposing an officer who’s trying to arrest or detain you. It’s about interference, obstruction, or other actions that make it harder for police to do their job.
Evading arrest, on the other hand, means running away or trying to escape after you know an officer is attempting to detain you. If you take off in a vehicle, the charge becomes even more serious. Assaulting a peace officer takes things a step further. It means intentionally causing or threatening harm to the officer. This is a felony charge that carries much harsher penalties.
It’s not uncommon for someone to face multiple charges stemming from a single encounter. For example, pulling away might lead to a resisting charge, but if you accidentally injure the officer in the process, you could also face assault on a peace officer. These overlapping accusations make it even more important to have strong legal representation early on.
How can a lawyer fight resisting arrest charges?
Every case is different, but several legal strategies may help fight a resisting arrest charge, including:
- Lack of intent: If you didn’t knowingly or intentionally resist, prosecutors may have trouble proving the charge. Maybe you were confused, scared, or simply reacting to pain or fear.
- Self-defense: Texas law allows limited use of force to protect yourself if an officer uses excessive or unreasonable force. However, this defense must be handled carefully with strong evidence, such as video footage or witness testimony.
- Unclear instructions: If the officer gave vague or conflicting commands, it may not be fair to say you intentionally resisted.
- Mistaken identity or false accusation: In chaotic situations, officers sometimes misinterpret behavior or target the wrong person.
What should you do if you’re charged with resisting arrest in Texas?
The best thing you can do after being charged is to stay calm and avoid making the situation worse. Here are a few key steps to remember:
- Don’t argue or resist further. Any additional confrontation can lead to more charges.
- Don’t talk to the police without an attorney. Anything you say can be used against you later.
- Write down everything you remember. Details about the arrest (e.g., what was said, who was present, and how you were treated) can help your lawyer build your defense.
- Contact a Texas criminal defense lawyer right away. The sooner you get legal help, the better your chances of protecting your record and your future.
How can a Texas criminal defense lawyer help?
An experienced defense attorney understands how prosecutors handle resisting arrest cases and knows where weaknesses in the state’s argument may lie. A lawyer can:
- Review all available evidence, including video recordings and police reports
- Challenge the officer’s version of events if it doesn’t line up with the facts
- Negotiate for reduced charges, deferred adjudication, or case dismissal
- Represent you in court and ensure your rights are protected every step of the way
Charged with resisting arrest? Contact The Webb Firm, P.C. today
If you’ve been charged with resisting arrest in Texas, now is the time to take control of your defense before the situation escalates. The Webb Firm, P.C., is here to help you fight or reduce the charges. During your consultation, we’ll sit down with you to review every detail of your case, explain what the prosecution must prove, and outline a strategy designed to protect your rights and your future. You’ll have the opportunity to ask questions, understand your legal options, and learn how Texas law applies to your specific circumstances.
Our firm represents clients throughout Conroe, The Woodlands, and across Montgomery County. We provide the experience and insight of a former prosecutor who knows how the other side builds its case. The most important step you can take right now is to stay calm and contact us as soon as possible. Don’t talk to police or prosecutors without an attorney present, and don’t risk making statements that can be used against you. Schedule your free, confidential consultation and take the first step toward protecting your record, your reputation, and your freedom.
"The best people! Very easy to talk to. They communicate efficiently and are very dedicated to your cause. Very highly recommended" - C.Z., ⭐⭐⭐⭐⭐
