Understanding Texas Laws on Resisting Arrest and What’s at Stake
When an arrest is happening, the moment can be chaotic, confusing, and emotionally charged—especially if you believe you’ve done nothing wrong. But how you react in those few seconds can carry serious legal consequences in Texas.
One of the most misunderstood criminal charges in Texas is “resisting arrest.” Many people confuse it with evading arrest, while others don’t realize that simply tensing up or pulling away could land them with an added criminal charge, even if the initial reason for contact with police was minor or ultimately dismissed.
If you’ve been charged with resisting arrest in Austin or anywhere in Central Texas, it’s important to know what the law actually says, how prosecutors handle these cases, and how an experienced criminal defense lawyer like Brian Roark can help you protect your record, your freedom, and your future.
What Does “Resisting Arrest” Mean in Texas?
Under Texas Penal Code § 38.03, resisting arrest occurs when a person intentionally prevents or obstructs a peace officer from effecting an arrest, search, or transportation by using force.
Here are a few key elements that define this charge:
- The action must be intentional. Accidentally pulling away or reacting reflexively may not meet the standard.
- There must be some form of force. This could include physical resistance, struggling, pushing an officer’s hands away, or other physical actions that interfere with the arrest.
- The officer must be acting under official authority. If the officer was not acting in an official capacity or was violating your rights, that may impact the legal defense.
Texas law also states that it’s not a valid defense to claim the arrest was unlawful. In other words, even if you were being arrested wrongfully, using force to resist can still result in a criminal charge.
Resisting Arrest vs. Evading Arrest: What’s the Difference?
These two charges often get confused, but they’re legally distinct under Texas law.
- Resisting arrest involves using force to prevent an officer from completing an arrest or search.
- Evading arrest involves running away or fleeing from an officer who is attempting to detain or arrest you.
You can, in some cases, be charged with both offenses if you physically resist and then flee the scene.
How Serious Is a Resisting Arrest Charge?
In most cases, resisting arrest is classified as a Class A misdemeanor in Texas. This carries potential penalties of:
- Up to 1 year in jail
- A fine of up to $4,000
- A permanent criminal record
If a deadly weapon was used while resisting arrest (which could include something like pulling a gun, even if it wasn’t fired), the charge can be elevated to a third-degree felony, punishable by:
- 2 to 10 years in prison
- Up to $10,000 in fines
Even a misdemeanor charge, however, can have serious consequences. A conviction can affect employment, housing, professional licenses, and child custody matters, especially if the charge is related to a domestic violence or assault situation.
Common Scenarios That Lead to Resisting Arrest Charges
In many cases, these charges don’t come from major confrontations but from split-second reactions. Some common examples include:
- A person pulls their arm away when an officer tries to cuff them.
- Someone tenses up or refuses to get in a squad car.
- An individual yells or argues and takes a step back during an arrest.
- A person instinctively defends themselves if they feel the officer is being overly aggressive.
Sometimes, the original charge—such as public intoxication or a noise complaint—is minor, but a resisting arrest charge elevates the case to a much more serious level.
Why Prosecutors Take These Cases Seriously
From a legal standpoint, resisting arrest is viewed as a threat to law enforcement authority. Prosecutors and judges often see it as a charge that must be taken seriously to maintain order and prevent confrontations from escalating into violence.
That doesn’t mean every charge is legitimate, however. Police reports can be one-sided. Body camera footage may tell a different story. Witnesses may contradict the official narrative.
And in many cases, especially when alcohol, confusion, or fear is involved, the person being arrested may not have fully understood what was happening, or may not have used force at all.
How an Austin Criminal Defense Attorney Can Help
Attorney Brian Roark has seen how a resisting arrest charge can derail someone’s life, especially when paired with other charges. His role is to investigate the circumstances of your arrest, review available bodycam footage, identify any violations of your rights, and build a defense that tells the full story.
Possible defenses can include:
- Lack of intent: You did not willfully try to resist.
- No use of force: The interaction may have involved verbal disagreement but no physical resistance.
- Unlawful use of force by police: If the officer used excessive force, that may affect the case.
- Violation of your rights: If the arrest itself was unlawful, we may argue to have the charges dropped or reduced.
Every case is unique, and the most effective defense will depend on the specific facts of the case. But you don’t have to face this all alone.
Your Future Deserves a Strong Defense
A resisting arrest charge can complicate your life in ways you never expected. Whether this is your only charge or part of a broader case involving assault, domestic violence, or a DWI, the sooner you get legal help, the better.
Brian Roark brings decades of experience to criminal cases in Austin and across Central Texas. He knows the courtrooms. He knows the system. And he knows how to fight for your freedom and your name.
If you’re facing charges, don’t leave your future to chance. Contact us today for a confidential case evaluation and find out how an Austin criminal defense attorney can help. Brian will listen to your side, explain your options, and protect your rights every step of the way.
"I was told Brian was the best around by a friend of mine. Brian helped with my case, and he helped me through a difficult time in my life. Hire him yesterday if he is available." — Mark R., ⭐⭐⭐⭐⭐