Resisting Arrest in Texas: The Use of Force
Under Texas Penal Code § 38.03, resisting arrest occurs when a person uses force to obstruct a peace officer. This includes intentionally preventing an arrest, search, or transportation.
What Qualifies as Force?
-
Physical Resistance: Pushing or pulling away from an officer.
-
Active Combat: Striking, fighting, or physically struggling with an officer.
Verbal vs. Physical Resistance
Contrary to popular belief, verbal resistance is not enough for this specific charge.
-
No Force, No Charge: Arguing, protesting, or objecting verbally does not meet the legal definition of resisting arrest.
-
Other Risks: While not “resisting,” excessive yelling or refusing to provide ID can still lead to charges like Disorderly Conduct or Failure to Identify.
Key Legal Reminders
-
Unlawful Arrests: You cannot legally resist, even if the arrest is unlawful.
-
Proper Protocol: The law requires you to comply now and challenge the arrest later in court.
-
Your Rights: If you believe an arrest is wrongful, remain calm and comply. Seek professional legal representation immediately to protect your future.
