Under the law, a person commits resisting arrest if they intentionally prevent or obstruct a peace officer, or a person acting in a peace officer’s presence and at his/her direction, from carrying out an arrest, search, or transportation by using force. This can include using physical resistance, pushing or pulling away from an officer, and/or otherwise striking or fighting them.
Although some people may believe that resisting arrest includes both physical and verbal resistance, under Texas Penal Code § 38.03, that’s not entirely true. In Texas, resisting arrest requires the use of force against an officer attempting to make an arrest, conduct a search, or transport a suspect. This means that simply arguing, protesting, or verbally objecting does not meet the legal definition of resisting arrest.
Even if the arrest is unlawful, Texas law does not allow someone to resist. The proper course of action is to comply with and challenge the arrest later in court. So, while verbal resistance alone does not qualify as resisting arrest, other charges such as failure to identify (if refusing to provide ID when required) or disorderly conduct (for excessive yelling or threats) can
Understanding your rights is crucial. If you believe an arrest is unlawful, remain calm, comply, and seek legal representation.
Texas penal code resisting arrest.
Sec. 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION. (a) A person commits an 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 direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
(b) It is no defense to prosecution under this section that the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.
About The Coffey Firm…
When people look for a “Top” DWI Attorney or “Best” DWI Attorney, they look for experience, certification (Board Certified), and respect in the legal community. Mimi Coffey is a nationally-renowned criminal defense trial attorney, board-certified in DWI Defense by the NCDD. She has been practicing for over 29 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.
Mimi Coffey is also listed on several “top” directory listings such as Best DWI Lawyer in Parker County, Best Of DWI Attorney in Fort Worth Magazine. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.
