Resisting Arrest Defense

Resisting Arrest Defense in Texas

Charged with Resisting Arrest in Dallas, Fort Worth, Denton, or McKinney? Texas Defenders is Ready to Fight for You. Call 214-306-9696 Today

Resisting arrest is one of the most misunderstood criminal charges in Texas. Many people are arrested for simply pulling away, asking questions, or reacting instinctively during a stressful encounter with police.

If you've been charged with Resisting Arrest, you're facing serious legal consequences—even if the original arrest was unlawful or dropped. At Texas Defenders, we defend people in Dallas, Tarrant, Collin, and Denton counties who are accused of resisting arrest, and we know how to fight back.

What Is Resisting Arrest Under Texas Law?

Under Texas Penal Code § 38.03, a person commits the offense of Resisting Arrest, Search, or Transportation if they:

Intentionally prevent or obstruct a peace officer from making an arrest, conducting a search, or transporting them to jail by using force.

⚠️ Important: You can still be charged with resisting arrest even if the arrest itself was illegal or later dismissed.

Common Situations That Lead to Resisting Arrest Charges

Pulling away during handcuffing
Pushing or shoving officers
Struggling or tensing up during transportation
Physically blocking an officer's actions
Intervening in someone else's arrest

Even if there's no violence, minimal “force” can result in a criminal charge.

Resisting vs. Evading Arrest in Texas

Resisting Arrest = You use force (even small movements) to resist officers.
Evading Arrest = You run or flee from police without using force.

In many cases, both charges are filed together—and both can carry jail time.

Penalties for Resisting Arrest

Class A Misdemeanor
- Up to 1 year in jail
- Up to $4,000 fine
Third-Degree Felony
- If a deadly weapon is used
- 2 to 10 years in prison
- Up to $10,000 fine

A conviction can follow you for life. Let us help you avoid that outcome.

How We Fight Resisting Arrest Charges

We fight back with facts, strategy, and experience:

✅ No Force Used? We show the court that your actions don't meet the legal definition.
✅ Bodycam Review: We demand all available video and compare it with the police narrative.
✅ Unlawful Arrest or Excessive Force: We use it to your advantage.
✅ Diversion or Dismissal: For first-time offenders, we often negotiate for clean outcomes.

Serving Clients Across North Texas

Texas Defenders represents clients charged with resisting arrest throughout:

Dallas County – Dallas, Garland, Cedar Hill, Mesquite, Duncanville
Tarrant County – Fort Worth, Arlington, Mansfield, Hurst, Euless, Bedford
Collin County – McKinney, Plano, Frisco, Allen, Wylie
Denton County – Denton, Lewisville, Flower Mound, Little Elm, The Colony

We handle arrests from all cities and towns across these counties, as well as nearby areas throughout North Texas. No matter where the arrest happened, we're ready to defend you.