Under Texas Penal Code § 38.03, a person may be charged with resisting arrest if they intentionally use force to prevent or obstruct a peace officer from making an arrest, search, or transportation. In Texas, words alone are not enough—there must be some level of physical force, which can include pulling away, tensing up, or struggling during handcuffing.

Resisting arrest is usually charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine, and it can be elevated to a felony if a deadly weapon is involved. These charges often rely heavily on officer perception and body camera footage, which is why early review by a Texas criminal defense attorney can make a critical difference.  Give us a call for more information.