Is Resisting Arrest a Felony in Texas?

In Texas, resisting arrest may be charged as either a misdemeanor or a felony, depending on the circumstances of the case. The severity of the charge depends on factors such as the level of force used, whether a weapon was involved, and if an officer sustained injuries. A conviction can lead to serious legal consequences, including jail time, fines, and a permanent criminal record that can affect employment and housing opportunities. When facing such charges, having an experienced legal team is essential in building a strong defense. The Law Office of David D. White, PLLC, an Austin-based criminal defense firm, is dedicated to protecting the rights of individuals accused of resisting arrest and providing thorough legal representation throughout the case.

What Qualifies as Resisting Arrest?

Resisting arrest involves taking actions that obstruct, delay, or interfere with a law enforcement officer attempting to make a lawful arrest or perform their legal duties. In Texas, resisting arrest is defined under Texas Penal Code Section 38.03. The charge applies when a person intentionally prevents or obstructs a peace officer by using force. Verbal opposition does not constitute resisting arrest unless accompanied by physical resistance.

Resisting Arrest Defined

Resisting arrest refers to physically struggling, attempting to escape, or using force to prevent an officer from lawfully detaining or searching an individual. This can involve pulling away from an officer’s grasp, shoving or striking them, or attempting to flee the scene to avoid being taken into custody. Even minor acts of resistance, such as stiffening one’s arms during handcuffing or refusing to comply with physical directives, can result in a resisting arrest charge. 

When Is Resisting Arrest Considered a Felony?

In Texas, resisting arrest is generally charged as a Class A misdemeanor. However, under certain conditions, it may be elevated to a felony charge. If an individual uses a deadly weapon while resisting arrest, such as a firearm or a knife, the offense is classified as a third-degree felony under Texas law. A felony charge of resisting arrest carries significant legal consequences, including severe penalties, lengthy incarceration, and substantial fines. Additionally, a felony conviction may result in long-term repercussions such as difficulty securing employment, restrictions on firearm ownership, and limitations on housing opportunities. Because of these risks, seeking immediate legal representation is crucial for anyone facing felony resisting arrest charges.

Examples of Felony Resisting Arrest:

• Using a firearm or knife while resisting law enforcement poses a serious threat to public safety and may result in harsher legal consequences if convicted in Texas courts.
• Physically assaulting an officer in a way that results in serious bodily harm can lead to felony charges and significantly longer prison sentences under Texas law.
• Engaging in conduct that threatens public safety during an arrest, such as reckless driving while fleeing, increases penalties and may add additional charges.

Misdemeanor Resisting Arrest in Texas

Resisting arrest is typically a Class A misdemeanor if no deadly weapon is involved. However, even a misdemeanor conviction can have lasting consequences. A Class A misdemeanor in Texas may result in:

• Up to one year in county jail, depending on the severity of the incident and whether the defendant has prior criminal convictions that could influence sentencing.
• A fine of up to $4,000 may cause financial strain and add to the overall burden of dealing with a criminal charge and its long-term effects.
• A permanent criminal record can affect employment opportunities, housing applications, and professional licensing, making it difficult to move forward after a conviction.

Penalties for Resisting Arrest in Texas

The sentencing for resisting arrest depends on whether the charge is classified as a misdemeanor or a felony:

• Class A Misdemeanor: A conviction may result in up to one year in jail, a maximum fine of $4,000, and a permanent criminal record that can impact future opportunities.
• Third-Degree Felony: This charge may lead to a prison sentence ranging from two to ten years, fines of up to $10,000, and lifelong consequences on personal and professional life.
• Additional Consequences: A resisting arrest conviction may increase penalties for future offenses, lead to mandatory probation or community service, and create obstacles in securing employment, housing, or professional licenses.

How to Beat a Resisting Arrest Charge?

A strong legal defense is essential when facing resisting arrest charges. Some possible defenses include:

• Lack of Intent: The accused did not intentionally resist arrest but reacted instinctively out of fear, stress, or misunderstanding of the situation, making their actions unintentional rather than a deliberate act of defiance against law enforcement.
• Unlawful Arrest: If the arrest was not legally justified, meaning the officer lacked probable cause or violated legal procedures, any resistance may not be considered a criminal offense under Texas law, potentially leading to case dismissal.
• Self-Defense: If an officer used excessive force, the defendant may have acted in self-defense to protect themselves from harm. Courts may consider whether the force used by law enforcement was unnecessary or unreasonable, given the circumstances.
• Insufficient Evidence: Prosecutors must prove beyond a reasonable doubt that resistance was intentional and involved physical force. The case may not hold up in court if there is a lack of credible evidence, witness testimony discrepancies, or unclear video footage.

Why You Need a Resisting Arrest Lawyer

Being charged with resisting arrest can have serious legal repercussions. An experienced criminal defense attorney can:

• Analyze the circumstances of your arrest to determine if law enforcement acted lawfully and whether procedural errors occurred during the incident.
• Build a strong defense by challenging the evidence presented by the prosecution and identifying any inconsistencies that could weaken their case against you.
• Negotiate plea deals or reduced charges to minimize penalties, avoid jail time, and keep your record clean to prevent long-term consequences.
• I will represent you in court and advocate for the best possible outcome, ensuring that your rights are protected throughout the legal process.

We have extensive experience defending individuals accused of resisting arrest and other criminal offenses in Texas. 

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

Protect Your Future – Contact Us Today

A resisting arrest charge can carry life-altering consequences. However, you don’t have to face it alone. The Law Office of David D. White, PLLC, is here to provide you with a thorough and strategic defense. Our team understands the complexities of Texas law and is committed to protecting your rights. Contact us today for a confidential consultation and take the first step toward securing your future.

Get A Free Consultation

Fill out the form below or call us at 512-369-3737. You will receive an answer within 24 hours

request free consultation Call Us: 512-369-3737

Check Out More Helpful Articles

• What Does Disposition Mean in Court?
• What Are the Risks of Possessing THC?
• What You Need to Know about Open Carry in Texas

Client Reviews

What our clients are saying about us

Jack Bellinghausen

Working with the Law Office of David White has been a truly smooth, helpful and above all transparent. I would highly recomend the office and staff here. They are incredibly knowledgable and handle every client with empathy. Thank you!

The firm has earned 145+ five-star Google reviews. View more on Google Maps and Yelp.

Reviews reflect individual client experiences. Past results do not guarantee a similar outcome.