This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
Being accused of resisting arrest in Texas can quickly turn a stressful encounter with a police officer into a serious criminal offense. Even if you did not intend to resist, the situation can escalate quickly, leading to additional criminal charges that may affect your criminal record and your future. Understanding the law and your rights is the first step toward protecting yourself.
LaVine Law Firm knows how confusing and overwhelming the criminal justice system can feel, especially after an arrest. Our Houston resisting arrest lawyer and experienced criminal defense attorneys understand how to fight these charges, protect your rights, and pursue the best possible outcome.
Our law firm helps people across Harris County and surrounding areas build a strong defense strategy to challenge resisting-arrest charges and related criminal offenses under Texas law.
Under Texas Penal Code § 38.03, a person commits resisting arrest when they intentionally use force against a peace officer’s presence while the officer is making an arrest, search, or transportation.
This means even minor physical contact can lead to a criminal charge, especially if the officer believes the action was aggressive or prevented them from performing their duty.
The difference between resisting arrest and evading arrest lies in how the person reacts to the law enforcement officer’s actions.
Resisting arrest involves using force against an officer, while evading arrest means running or fleeing from an officer attempting to detain you under Texas Penal Code § 38.04. Both can lead to criminal convictions and serious penalties if not handled by a skilled criminal defense lawyer.
The penalties for resisting arrest depend on the circumstances of the case, including whether any weapon was involved or if the officer was injured. A conviction can lead to jail time, fines, probation, or even a felony charge.
Having a criminal attorney with local knowledge of the Harris County Criminal Court can make a major difference in the outcome.
A standard resisting arrest charge is a Class A misdemeanor, punishable by up to one year in county jail and fines of up to $4,000. If a deadly weapon is used, it becomes a third-degree felony, which can lead to two to ten years in prison and fines of up to $10,000. In both cases, a conviction creates a criminal record that may follow you permanently.
People are often charged with resisting arrest due to misunderstandings or heightened emotions during encounters with police officers. Knowing what may lead to these situations can help you stay calm and protect your rights in the future.
Many resisting arrest charges happen when someone panics or misunderstands an officer’s commands. A simple reflexive movement or pulling away can be misinterpreted as aggression, especially during high-stress encounters.
In some cases, law enforcement officers may use excessive force, or the arrest itself may lack probable cause. These situations can lead to unfair criminal charges that require an experienced criminal lawyer to challenge.
Being under the influence of alcohol or a controlled substance can cause confusion or poor judgment, making it easier for the police to claim that you resisted. An experienced attorney can help explain these circumstances in court.
Defending against a resisting arrest accusation requires examining every detail of the incident, from the officer’s behavior to any available video evidence. A Houston criminal defense attorney can use several legal defenses to challenge the prosecution’s case and protect your rights.
Suppose the arrest was not lawful or the officer did not have a valid reason to detain you. In that case, any resistance may not be considered a criminal offense under Texas Penal Code Section 38.03.
A Houston criminal defense lawyer can check whether the police officer followed the rules and had sufficient evidence before making the arrest. If your rights were violated, your lawyer can ask the court to drop or reduce the criminal charges against you.
Prosecutors must prove that you intentionally resisted. If the actions were accidental or caused by fear, this can form the basis of a strong defense strategy. Many people react by instinct when they are scared or confused, not because they want to fight the police.
A good criminal defense attorney can explain your behavior clearly to help the court understand what really happened.
When an officer uses excessive force, you may have the right to protect yourself from serious harm. This defense must be presented carefully by an experienced criminal defense lawyer.
If the officer’s actions were too aggressive or went beyond what was needed, your lawyer can use that to defend you. Courts understand that people have the right to stay safe when a law enforcement officer acts unfairly.
In chaotic situations, law enforcement may mistakenly identify the wrong person as resisting. An experienced criminal attorney can present evidence or witness statements to prove your innocence.
Mistakes like these often happen when many people are involved or when the area is noisy and confusing. Your lawyer will work to show that you were wrongly accused and that you did not commit the criminal offense.
A Houston criminal defense lawyer plays a critical role in building a strong defense and protecting your future. At LaVine Law Firm, our team carefully investigates every detail of the criminal case and ensures your rights are upheld at all times.
Your criminal defense attorney will review police reports, body camera footage, and witness statements to find inconsistencies or rights violations. This helps uncover procedural errors or weaknesses in the prosecution’s case.
An experienced attorney will question whether the officer acted lawfully or whether your actions were truly resistant. They’ll use expert testimony, video evidence, and knowledge of criminal law to reduce or dismiss charges.
In some cases, your lawyer may negotiate for probation, community service, or deferred adjudication instead of a misdemeanor conviction or felony charges. The goal is to protect your criminal record and your future.
In Houston, people accused of resisting arrest may also face other criminal charges. These charges can make your situation much worse and can lead to stronger punishments if you are found guilty. It’s very common for police to add related charges like evading arrest, assault on a public servant, or obstruction when they believe someone interfered with their duties.
Having a Houston criminal defense lawyer who understands how these charges work under Texas law can help protect your rights and reduce the damage to your criminal record.
Under Texas Penal Code § 38.04, evading arrest occurs when someone runs or attempts to get away from a law enforcement officer who is attempting to stop or detain them lawfully. It is a Class A misdemeanor, but it can turn into a state jail felony if a car is used or if someone is hurt during the incident.
Running away from police can seem harmless in the moment, but it can lead to serious criminal charges and even time in county jail. A criminal defense attorney can explain your legal rights and build a defense strategy to lessen the punishment or get the case dismissed.
According to Texas Penal Code § 22.01(b)(1), assault on a public servant means using physical force against a peace officer who is performing their job. This is a third-degree felony that can result in two to ten years in prison and fines of up to $10,000.
Sometimes, a simple reflex or misunderstanding during an arrest can lead to this serious charge. An experienced criminal lawyer will review the evidence to see if you acted in self-defense or if the police officer used excessive force.
Under Texas Penal Code § 38.15, obstruction or hindrance occurs when someone interferes with a public servant performing official duties. It is a Class B misdemeanor and can lead to up to 180 days in jail and a fine of $2,000. This charge can apply even if you were only trying to help a family member or ask questions during an arrest.
A skilled defense attorney can explain your side of the story, prove that you had no bad intent, and work to keep this charge off your criminal record.
If you’re facing resisting arrest charges, what you do next can affect your criminal case. Staying calm and making smart choices helps your criminal defense attorney build a stronger case later.
If approached by a police officer, remain calm, remain silent, and avoid any physical resistance. Ask for an attorney to be present before answering questions. Staying calm helps prevent more criminal charges and keeps the situation from getting worse. Remember, you have the right to remain silent until your defense attorney is with you.
Write down everything you remember after the arrest, including names, times, and locations. This information can help your lawyer identify key defense strategies. Try to save any photos, videos, or messages that can show what really happened. The more details you collect, the stronger your lawyer can make your case in court.
Reach out to a Houston criminal defense attorney right away. The sooner you get legal representation, the more time your lawyer has to review evidence and prepare a strategic defense.
A criminal defense lawyer can explain your rights, guide you through the legal process, and speak for you during police questioning. Acting fast gives your lawyer the best chance to build a strong and clear defense strategy.
No. Resisting arrest is usually a Class A misdemeanor, but it can become more serious depending on the case. Only minor criminal offenses, such as traffic violations, are considered Class C misdemeanors under Texas law.
Our Houston resisting arrest lawyer handles many criminal defense cases, including felony DWI, drug charges, sexual assault, and aggravated assault. We also represent clients facing the most serious criminal charges in Harris County and Fort Bend County.
Not usually, but if a person acting with a deadly weapon seriously injures an officer, it may rise to a first-degree felony. Most cases are Class A misdemeanors or third-degree felonies, depending on the situation.
Capital murder is one of the most serious criminal charges in Texas. A person can face life imprisonment or even the death penalty if proven guilty in a fair trial.
Most cases are handled in the Harris County Criminal Court, but if federal officers were involved, the case might be transferred to federal courts. A criminal defense lawyer with experience in both systems can protect your rights.
Yes. You can file a criminal appeal if there were errors in the trial, unfair treatment, or missing evidence. An experienced attorney can review your case and help you request a new fair trial.
Yes. Our team represents clients facing felony DWI, second-degree felony, and aggravated assault cases. Our Houston resisting arrest lawyer fights hard for people in every Harris County case and Fort Bend County to protect their future and their rights.
If you or a loved one has been accused of resisting arrest in Harris County or nearby areas, you don’t have to face it alone. The law office of LaVine Law Firm provides strong legal support to anyone facing a criminal charge that could affect their freedom or future. Our Houston resisting arrest lawyer offers aggressive representation to protect your rights and guide you through every step of the legal process with care and honesty.
We provide a free initial consultation and a confidential consultation to discuss your case in detail. This allows you to understand your legal options without pressure or judgment. During your free consultation, our team will listen closely, review your situation, and explain how we can build a strong defense strategy.
Contact us today to speak with a skilled Houston resisting arrest lawyer who will fight for your rights and work to achieve the best possible outcome in your case.
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