Resisting Arrest

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⚖️ Texas Law — Charge Details

Up to 1 year jail + $4,000 fine; or 2–10 years if deadly weapon used

Offense Resisting Arrest, Search, or Transportation

Statute Texas Penal Code § 38.03

Penalty Level Class A Misdemeanor (Felony if deadly weapon used)

Resisting Arrest, Search, or Transportation under Texas Penal Code § 38.03 makes it a crime to intentionally prevent or obstruct a peace officer from making a lawful arrest using force. This is a Class A Misdemeanor (up to 1 year jail, $4,000 fine). If the person uses a deadly weapon in resistance, the charge becomes a third-degree felony (2–10 years prison, $10,000 fine). Texas law does not recognize a 'right to resist' even an unlawful arrest — defendants must comply and contest the legality in court.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Deadly weapon used during resistance	Third-Degree Felony — 2–10 yrs prison, $10,000 fine	§ 38.03(d)
Officer injured during resistance	May add Assault on Peace Officer (Third-Degree Felony)	§ 22.01(b)(1)

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Resisting Arrest

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