Resisting Arrest

Resisting Arrest, Search, or Transportation under Texas Penal Code § 38.03 prohibits intentionally preventing or obstructing a peace officer from effecting an arrest, search, or transportation by using force against the officer or another person. Mere verbal refusal or going limp is generally not sufficient — active physical resistance is required. A standard resisting arrest charge is a Class A Misdemeanor (up to one year jail, $4,000 fine). Using a deadly weapon to resist elevates it to a Third-Degree Felony. It is not a defense that the arrest was unlawful, as long as the officer used no more force than necessary.