Resisting Arrest

What Constitutes Resisting Arrest

Resisting arrest requires the use of force against the officer, such as pulling away, pushing, or physically struggling. Simply refusing to comply with verbal commands or going limp (passive resistance) does not constitute resisting arrest under Texas law. The prosecution must prove you used force against the officer.

Penalties for Resisting Arrest

Resisting arrest is a Class A misdemeanor (up to 1 year jail, $4,000 fine). If the defendant uses a deadly weapon during the resistance, the charge is elevated to a 3rd degree felony (2–10 years prison).

Resisting Arrest and Excessive Force

Texas law provides a limited defense of self-defense against an officer using excessive force. If the officer used more force than was reasonably necessary to effect the arrest, the defendant may have a right to defend themselves. This is a complex legal issue that requires careful analysis by an experienced attorney.

Resisting Arrest Alongside Other Charges

Resisting arrest is frequently charged alongside the underlying offense that led to the arrest, such as DWI, assault, or drug possession. An attorney can work to negotiate all charges together and seek the most favorable overall outcome.

Potential Penalties

• › Class A misdemeanor: Up to 1 year jail, $4,000 fine
• › With deadly weapon: 3rd degree felony (2–10 years prison
• › Permanent criminal record

Possible Defenses

• › You did not use force against the officer
• › The officer used excessive force justifying self-defense
• › You did not know the person was a peace officer
• › The arrest was unlawful
• › Mistaken identity

Frequently Asked Questions