Resisting Arrest Charges


Resisting ArrestWhat is Resisting Arrest?

When a Fort Worth law enforcement officer attempts to arrest, search or transport you, and you use force against the officer in an attempt to prevent or obstruct him from doing so, this is considered resisting arrest. It is not a defense to prosecution that the arrest was unlawful. Resisting an arrest or search by a peace officer is a Class A Misdemeanor, under Texas Penal Code 38.04.

If you use a deadly weapon to resist an arrest or search, the crime escalates from a misdemeanor to a third degree felony.

There are other criminal offenses related to Resisting Arrest. If you flee from an officer who is attempting to lawfully arrest you, this is considered Evading Arrest in violation of Penal Code Sec. 38.04 and is punishable as a Class A Misdemeanor. If you flee in a motor vehicle, it is a state jail felony with a punishment of up to 2 years in state jail and a fine of up to $10,000. The offense of Escape under Penal Code Sec. 38.06 occurs if you escape from the custody of a peace officer after you have been arrested and is punishable as a Class A Misdemeanor.

Advice on Police Encounters

If you find yourself in an encounter with a police officer, it is best that you cooperate, do not resist, do not get physical, and do not try to flee from the officer. Doing so will only give the officer a reason to file additional charges against you. You may have a valid defense to the marijuana or drugs in your pocket, but may not be able to successfully defend against a resisting arrest charge. Your best bet is to be cooperative, admit nothing, and ask for an attorney. Do not make any admissions and do not make any oral or written statements.

Resisting Arrest Penalties

Class A MisdemeanorA person intentionally resists arrest or search from a person he/she knows to be a peace officer.A fine of up to $4,000, and a jail term up to one year.
Third Degree FelonyA person intentionally resists arrest and uses a deadly weapon to evade an arrest or search.A fine up to $10,000 and imprisonment for a term of not more than 10 years or less than two years.

Defenses Against Resisting Arrest Charges:

  • Self defense if the police officer used greater force than necessary or if force used by you is reasonably necessary to protect yourself against the use of greater force than necessary by the police officer
  • False Allegations
  • Evidence seized during an unlawful arrest are inadmissible at trial
  • Statements elicited by officers during an unlawful arrest are inadmissible at trial
  • No force was used against the arresting officer


Challenging a police officer’s basis for your arrest and demonstrating a lack of probable cause could result in a dismissal of the charges against you. Justin rigorously evaluates the entire case and stays in regular contact with you as your case progresses through the system. To take more control of your case’s outcome, hire a qualified attorney who knows how to steer your case towards dismissal, reduction, or deferred adjudication probation.

Evading arrest or resisting an arrest, whether by fleeing from an officer by foot or car, or struggling violently during an arrest, are punishable offenses in Texas. If you or someone you know is in need of a resisting arrest lawyer, Justin Sparks is an experienced defender of citizen’s rights who can make the difference in your case.

Choose Justin Sparks to handle your resisting arrest case. 817-334-0300.


Contact Justin Sparks

Fort Worth Criminal Defense Attorney

Justin Sparks Criminal Defense Attorney