Under Texas law,

A person commits this offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his discretion from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.


  1. Generally, an offense of this kind is a Class A Misdemeanor. This means that this offense itself (not even considering the original offense) is punishable by confinement in the county jail for up to 1 year, and fine of up to $4,000.
  2. An offense under this section is a 3rd Degree FELONY if the actor uses a deadly weapon to resist the arrest or search.

Resisting Arrest

What Does This Mean

Since the person “resisting” is already being arrested, this charge usually accompanies another charge, such as a DWI, Public Intoxication or Assault. This means that the defendant will usually be facing two separate charges when he goes to Court.

The State looks at these charges very unfavorably, since the defendant was allegedly being uncooperative and hostile with an officer. For this reason alone, it is extremely important that you hire an attorney who will thoroughly investigate all of the circumstances surrounding the charges and represent your interests diligently and effectively.

Call Us Today

At Ross Law Offices, we offer a free consultation to discuss your case and review every option you may have. Don’t hesitate. Call us today.