When a police officer in Texas attempts to arrest, search or transport you, and you use any type of force to resist, you may find yourself facing additional criminal charges. The Texas legislature has enacted specific provisions to deal with these circumstances. This post briefly identifies the elements of the offense, as well as the potential consequences. If you have actually been charged with resisting arrest, search or transportation, you want an experienced and aggressive lawyer to protect your rights.
At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we offer almost 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.
What Constitutes a Violation of the Law
Under Section 38.03 of the Texas Penal Code, it is illegal to intentionally use force to prevent or obstruct that you know is a peace officer from making an arrest, conducting a search or transporting you. It is also a violation of the law if the person against whom you use force is in the presence of a peace officer and acting under the peace officer’s direction. For purposes of the statute, it does not matter whether the arrest or search was legal. You are still prohibited from using force to impede the officer.
In most instances, a charge of resisting arrest, search or transportation will be a Class A misdemeanor. However, if you use a deadly weapon to resist a peace officer, you can be charged with a third degree felony.
Defenses to a Charge of Resisting Arrest, Search or Transportation
Because the statute requires intent, you can always assert that your actions were either reckless or negligent. You may further argue that you reasonably believed that the person was someone other than a peace officer.
Contact Our Office
For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call (214) 550-5771.
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