Understanding Resisting Arrest Charges

 Posted on March 03, 2026 in Criminal Defense

A resisting arrest charge can happen quickly and make an already difficult situation much worse. In Texas, this charge can be added on top of whatever else you were arrested for, which means the consequences can pile up quickly.

One thing that surprises many people is that under Texas Penal Code § 38.03, saying the arrest was unlawful is not a legal defense. Even if the officer had no right to arrest you, resisting can still result in a separate charge.

If you're facing resisting arrest charges in 2026, our Houston criminal defense lawyers can help you understand your options and start building your defense.

What Does Texas Law Say About Resisting Arrest?

Under Texas Penal Code § 38.03, a person resists arrest when they intentionally prevent or obstruct a peace officer from making an arrest, conducting a search, or transporting a person by using force against the officer or another person.

There are two important things to understand about this law. First, the charge requires intent. You have to have knowingly resisted. If you didn't realize police were trying to arrest you, that matters. Second, even a small use of force can qualify. Pulling away from an officer's grip, for example, has been enough to support a resisting arrest charge in Texas courts.

What Is the Difference Between Resisting Arrest and Evading Arrest in Texas?

These two charges are related but different. Resisting arrest under § 38.03 requires the use of force. Evading arrest under Texas Penal Code § 38.04 does not require force – it applies when someone flees from a police officer who is lawfully trying to detain or arrest them.

The key difference is that evading arrest requires the underlying arrest to be lawful, while resisting arrest does not. So if police were trying to arrest you unlawfully and you ran away, you might have a defense to evading arrest. However, if you used any force while resisting, even minor physical contact, you could still face resisting arrest charges regardless of whether the arrest was legal.

What Are the Penalties for Resisting Arrest in Texas?

The penalties depend on how the incident unfolded. Texas law provides the following:

• Base offense: Resisting arrest is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000.
• With a deadly weapon: If a deadly weapon was used while resisting arrest, the charge becomes a third-degree felony, carrying a prison sentence of two to 10 years and a fine of up to $10,000.
• Stacked charges: Resisting arrest is almost always charged alongside another offense, which means you could be dealing with two or more separate cases at the same time, with penalties adding up on top of each other.

Can You Ever Legally Resist an Arrest in Texas?

In very limited circumstances, yes. Under Texas Penal Code § 9.31(c), the use of force to resist an arrest may be justified in two situations. First, it may be legal if the officer used or attempted to use more force than was necessary to make the arrest before you offered any resistance. Second, it may be legal if you reasonably believed that force was immediately necessary to protect yourself from the officer's excessive force.

Courts look closely at whether the officer's use of force was truly excessive and whether your response was reasonable given the situation. As of 2026, this defense remains available in Texas courts, but it requires strong evidence and careful legal argument to succeed.

What Defenses Are Available in a Texas Resisting Arrest Case?

A resisting arrest charge is not automatically a conviction. Several defenses can apply depending on what actually happened:

• Lack of intent: If you didn't knowingly resist or didn't realize an officer was trying to arrest you, the intent element of the charge may not be met.
• No force used: If your actions didn't actually involve force – for example, verbal disagreement or backing away without physical contact – that may not meet the legal definition.
• Mistaken identity: If you weren't the person the officer was trying to arrest, that's a complete defense.

Every case is different. The strength of the available defenses depends on the specific facts, the evidence, and how the incident unfolded.

Contact Our Houston Resisting Arrest Defense Attorneys Today

Murphy & McKinney Law Firm, P.C. is dedicated to providing the best representation possible to people who are facing charges for resisting arrest. Our experienced Houston, TX resisting arrest lawyers can help with all of the charges you are facing. Call 713-229-8333 for an initial consultation today.