{"id":376667,"date":"2017-12-15T19:01:28","date_gmt":"2017-12-16T00:01:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-resisting-arrest-laws.html"},"modified":"2026-01-20T11:38:31","modified_gmt":"2026-01-20T16:38:31","slug":"texas-resisting-arrest-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-resisting-arrest-laws.html","title":{"rendered":"Texas Resisting Arrest Laws"},"content":{"rendered":"\n
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Texas Resisting Arrest Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Resisting arrest<\/span> in Texas<\/span> is defined as intentionally preventing or obstructing a law enforcement<\/span> officer<\/span> from making an arrest or conducting a search by using force. If a deadly weapon<\/span> is involved, it escalates to a third-degree felony<\/span>. Texas<\/span> law<\/span> does not allow “unlawful arrest<\/span>” as a defense to resisting arrest<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

All states have resisting arrest<\/span> laws that prohibit suspects from fighting with law enforcement<\/span> officers<\/span> attempting to take them into custody. Resisting arrest<\/span> is a separate criminal charge<\/span>, filed in addition to the original crime for which the person was being arrested<\/p>\n

This article explains the definition of resisting arrest<\/span> in Texas<\/span>, the potential penalties, and a few common defenses. For advice on an active criminal case, it\u2019s a good idea to consult with a local criminal defense lawyer<\/span><\/a> for guidance on potential defenses<\/span>.<\/p>\n

How Texas<\/span> Defines Resisting Arrest<\/span><\/h2>\n

Texas<\/span> law<\/span> has two code sections regarding resisting and evading arrest<\/span>. The laws apply whether the arrest is lawful or unlawful. The Texas<\/span> Penal Code<\/span><\/a> defines resisting arrest<\/span> as intentionally preventing or obstructing a law enforcement<\/span> officer<\/span> or other peace officer<\/span> from carrying out an arrest, search, or transportation of the individual or another by using force against the officer.<\/p>\n

Resisting arrest<\/span> in the state of <\/span>Texas<\/span> requires the intentional use of force<\/span> against the officer. Texas<\/span> courts<\/span> have held that “use of force<\/span>” means violence, aggression, or “immediate threat of violence.” Physical struggling or pulling away may be sufficient, but verbal threats without more may not qualify.<\/p>\n

Resisting arrest<\/span> is considered a serious crime<\/span>, especially if you use force against the arresting officer<\/span>. If the suspect uses a deadly weapon<\/span>, the offense is a third-degree felony<\/span>.<\/p>\n

Evading arrest<\/span><\/a> is a separate charge that involves fleeing or running from a law enforcement<\/span> officer<\/span> attempting to make a lawful arrest<\/span>. Unlike resisting arrest<\/span>, fleeing an\u00a0unlawful arrest<\/span> is not illegal.<\/p>\n

Lawful vs. Unlawful Arrest<\/span><\/strong><\/h2>\n

In general, a lawful arrest<\/span> is one in which the arresting officer<\/span> has probable cause<\/span> to believe that the suspect has committed a crime. Probable cause<\/span> includes one or both of the following:<\/p>\n