When a police officer in Dallas 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 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.
Section 38.03 of the Texas Penal Code
Under Texas law, 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.
Key Points:
- Force is required for a resisting arrest charge—simply fleeing or running is typically classified as evading arrest, a separate charge.
- The law applies even if the arrest was unlawful, meaning forceful resistance can still be charged regardless of the circumstances.
Penalties for Resisting Arrest
- Class A Misdemeanor: Up to 1 year in jail and/or a fine up to $4,000.
- Third-Degree Felony: If a deadly weapon is used, penalties increase to 2–10 years in prison and fines up to $10,000.
Common Scenarios Leading to Resisting Arrest Charges
Majority of clients we defend for this crime usually have a similar story. Here are the most common examples of how these types of arrests happen:
- There was a physical struggle during an arrest
- They interfered with an arrest of another person (brother, sister, husband, wife and friends)
- They reacted in self-defense, but the police officer did not clearly identify themselves
- Miscommunication or confusion in a high-stress arrest situation
Defenses to Resisting Arrest in Texas
It is important to find an attorney if you have been arrested for any type of misdemeanor or felony. You do not want the arrest to end up as a conviction. It will follow you for life, and stay on your criminal record. If you are ever charged a second time, the penalties will be more severe.
When you hire a criminal defense attorney, you are choosing someone that will dig into the police report, evidence, witnesses and anything else they can use to help you avoid a conviction. For example, you might of resisted an officer, but did not realize they were a police officer. In this scenario, we can usually have your charges reduced or dismissed all together. The end result will always depend upon the circumstances of your case.
Depending on your case, we could argue the following as needed. If successful, your case can be reduced to a lesser charge or dismissed.
- No use of force – A verbal or passive resistance to the arrest is not resisting arrest, but police officers have been known to apply this charge for this scenario.
- Unlawful identification – We can argue innocence if the police officer did not identify themselves clearly .
- Lack of intent – Your resistance was not intentional or you did not know.
- Unlawful arrest with no force used – If no force was used, resisting arrest may not apply if the arrest itself was unlawful.
You Need a Defense Lawyer On Your Case
Police reports will always favor the officer and their point of view. When you hire Tim Clancy to defend you, your version of events can be heard clearly. As your attorney, you can rely on him to:
- Investigate body cam footage and witness statements
- Analyze any evidence supporting your perspective
- Cross-examine the officer’s report and the justification for using force
- Negotiate with prosecutors to reduce or dismiss charges if applicable
- Defend you in trial with skill and the resources you need to win
Contact Our Office
For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call (214) 550-5771.
Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.