Resisting Arrest in Texas: What You Need to Know in 2025
In a tense or confusing moment, even a small act of hesitation or physical movement can lead to an unexpected charge: resisting arrest. In Texas, this offense is taken seriously — and often misunderstood.
Whether the arrest was justified or not, resisting arrest can escalate your legal situation quickly. In some cases, it becomes the charge that sticks when others fall apart.
In this 2025 guide, we’ll explain what legally counts as resisting arrest in Texas, how it’s punished, and what you should do if you’re facing this charge in Fort Bend County or surrounding areas.
What Is Considered Resisting Arrest in Texas?
Under Texas Penal Code § 38.03, resisting arrest is defined as:
“Intentionally preventing or obstructing a peace officer from effecting an arrest, search, or transportation of the actor or another by using force against the officer or another.”
Key elements of this definition:
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Intentional act: The resistance must be knowing and deliberate
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Use of force: Even minor physical actions (pulling away, bracing, swatting hands) can be interpreted as force
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Applies even if the arrest is unlawful: You can still be charged even if you believe the arrest was unfair or baseless
Common Examples of Resisting Arrest
Even actions that seem instinctual can lead to charges:
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Pulling away or stiffening your body when being handcuffed
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Running or attempting to flee from an officer
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Yelling and physically refusing to comply
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Blocking another person’s arrest
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Pushing or swatting at officers (even lightly)
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Physically preventing officers from placing someone in a patrol car
You don’t have to hit or injure an officer to be charged. Any use of force that disrupts the process may qualify.
Resisting Arrest vs. Evading Arrest in Texas
These two charges are often confused but are not the same:
| Charge | Focus | Example |
|---|---|---|
| Resisting Arrest | Using force to prevent arrest/search/transport | Pulling away or struggling with police |
| Evading Arrest | Fleeing from law enforcement intentionally | Running from police during a stop |
Both can be charged together — and both can seriously impact your future.
Penalties for Resisting Arrest in Texas (2025)
The punishment depends on the level of force used and the circumstances surrounding the incident.
| Offense Level | Circumstances | Penalty |
|---|---|---|
| Class A Misdemeanor | Standard resisting with physical force | Up to 1 year in jail + $4,000 fine |
| 3rd Degree Felony | Resistance involves a deadly weapon | 2–10 years in prison + up to $10,000 fine |
Important: You can be charged even if you didn’t intend harm. Officers may interpret almost any physical resistance as obstruction — even passive or defensive actions.
Legal Defenses for Resisting Arrest in Texas
Each case is unique, but common defenses may include:
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No Intent: You did not knowingly resist or use force
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No Force Used: Actions were not forceful under legal definition
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Self-Defense: Officer used excessive force, and your reaction was defensive
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Mistaken Identity: You weren’t the subject of the arrest
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Unlawful Arrest: While not always a defense by itself, may factor into the case
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Medical or mental health condition: May explain perceived resistance
A qualified criminal defense attorney in Fort Bend County can evaluate the full context and build the strongest case possible.
What to Do If You’re Charged with Resisting Arrest
If you or someone you know has been charged, take these steps immediately:
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Do not speak to police without an attorney
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Document everything you remember from the incident
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Collect any video evidence from body cams, bystanders, or security footage
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Consult a criminal defense attorney before appearing in court
The earlier you act, the better your chances of reducing or dismissing the charge — or keeping it off your record entirely.
Get Legal Help for Resisting Arrest Charges in Fort Bend County
A charge of resisting arrest can happen in seconds — but the consequences can last for years. Don’t try to handle it alone.
Attorney Lee D. Cox has over 20 years of experience defending clients in Richmond, Sugar Land, Rosenberg, and throughout Fort Bend County. He understands how these cases are prosecuted — and how to fight back.
📞 Call Now for a Confidential Case Review
If you’ve been charged with resisting arrest, call 281-762-7345 to speak with Attorney Lee D. Cox. We’ll help you understand your options, protect your rights, and pursue the best possible outcome.
