How Serious Is Resisting Arrest in Texas?

 Posted on October 31, 2025 in Criminal Defense

Being detained by police can be an extremely stressful experience, and in the heat of the moment, many people panic or make mistakes. If you have been charged with resisting arrest, you may face additional penalties that can enhance your sentence. To protect yourself from the most dire consequences, consider working with a Denton County, TX criminal defense lawyer.

At Magaña & Van Dyke, our attorneys have helped people accused of many misdemeanor and felony crimes, including violent offenses. We will give your case a close review, going over possible defense strategies and exploring other ways to minimize a charge of resisting arrest.

What Qualifies as Resisting Arrest?

It is not always clear as to what does and does not count as "resisting arrest" during a heated encounter with law enforcement. Under state law (Texas Penal Code Sec. 38.03), the offense is defined as intentionally stopping or obstructing a peace officer from carrying out an arrest by using force. You could also face charges of resisting arrest for using force to stop a police officer from carrying out a search, regardless of whether or not the search was lawful.

Resisting arrest is a misdemeanor offense punishable by up to $4,000 in fines and a year of jail time. However, using a deadly weapon to resist arrest will upgrade the charge to a felony punishable by a maximum of 10 years in prison.

Will I Go to Jail for Helping Someone Avoid Arrest?

Even if you were not the subject of the arrest, you could still be charged with a crime for helping someone else avoid being arrested. You could face criminal prosecution for:

• Hiding somebody from police

• Giving someone the means to escape the police

• Warning someone in advance of the police coming

This crime is a misdemeanor offense, but it can rise to the level of a felony if the person sought by law enforcement was wanted for a felony charge. However, you may be able to avoid prosecution for warning the suspect if you can show that you were trying to get him or her to obey the law.

How Can I Defend Against Charges of Resisting Arrest?

In a charge of resisting arrest, the prosecution’s case may lean heavily on intent. Essentially, this means that the prosecution has to prove that you purposefully tried to get away from the police by force. If you were handled roughly by police, you may not have been trying to evade arrest, but simply trying to avoid further injury. Our firm can review body cam footage and look for discrepancies in the officer’s testimony.

Working with a defense lawyer is critical for challenging allegations of resisting arrest. Our firm will work to mitigate the seriousness of the charge, as well as any other charges that led to your arrest in the first place.

Contact a Cooke County, TX Criminal Defense Lawyer

If you have been accused of resisting arrest or any other crime related to obstructing law enforcement, Magaña & Van Dyke can help. To schedule a free consultation with our Denton County, TX criminal law attorneys, reach out to our offices at 940-382-1976.