Pulling your arm away, tensing up, stepping back — officers sometimes charge resisting arrest for reactions that have nothing to do with actual force against them. A Houston resisting arrest lawyer knows the difference the statute actually requires, even when the report doesn’t reflect it.
What the Law Actually Requires
- Force against the officer: The charge requires you to use force against the peace officer to prevent an arrest, search, or transportation — not simply failing to cooperate.
- Passive resistance isn’t enough: Going limp, arguing, or refusing to comply verbally generally doesn’t meet the legal definition on its own.
How Texas Punishes It
- Class A misdemeanor: Up to one year in county jail and a fine of up to $4,000 — the standard charge.
- Third-degree felony: 2 to 10 years in prison if a deadly weapon was used to resist.
Where These Cases Are Won
Body camera footage frequently shows confusion, fear, or an instinctive reaction rather than the deliberate use of force the statute requires. Whether the underlying arrest was even lawful is also fair game — and it can affect this charge as well as whatever you were originally being arrested for.
Charged With Resisting Arrest? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 before this charge gets added to something bigger.
Related Charges
- Evading Arrest
- Hit and Run / Failure to Stop
- Reckless Driving
- Street Racing
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.