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Resisting Arrest Defense in Austin & Surrounding Areas
Understanding Resisting Arrest Charges in Texas
Local Application of the Law
Under Texas Penal Code §38.03, resisting arrest occurs when a person intentionally prevents or obstructs a peace officer from making an arrest, search, or transportation by using force against the officer. This charge does not require that the arrest itself was lawful — meaning even if you believe the officer was in the wrong, you can still be prosecuted.
In Austin, resisting arrest cases frequently arise during incidents in busy nightlife areas like Sixth Street, at public events such as music festivals, during traffic stops on I-35 or MoPac, and in neighborhoods across Travis, Williamson, and Hays Counties.
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What Constitutes “Force” in Resisting Arrest Cases
Physical Actions That Lead to Charges
Force doesn’t have to mean striking an officer. Simply pulling away, tensing up your arms, locking your body, or pushing an officer’s hands away can be enough to result in a resisting arrest charge. The law focuses on intentional actions, so accidental movements caused by confusion or fear can sometimes be misunderstood as resistance. In the Austin area, body camera footage and witness statements often become central to determining whether force was actually used.
Penalties for Resisting Arrest in Central Texas
Misdemeanor and Felony Consequences
Resisting arrest is typically a Class A misdemeanor in Texas, punishable by up to one year in county jail and fines up to $4,000. However, if a deadly weapon is used, the charge can be elevated to a third-degree felony, carrying 2–10 years in prison. Local prosecutors in Travis County and surrounding jurisdictions often take these charges seriously, arguing that any resistance puts officers and the public at risk.
Common Defenses to Resisting Arrest Charges
How The Hull Firm Protects Your Rights
Our defense strategies often focus on proving lack of intent, showing that the accused did not use force, or establishing that the officer’s actions caused the reaction mistakenly viewed as resistance. We also examine whether the arresting officer had proper training, followed required procedures, and respected constitutional rights. In many cases, we can negotiate reductions to lesser charges or secure dismissals.
Collateral Consequences of a Conviction
Why You Should Take These Charges Seriously
A resisting arrest conviction not only brings immediate legal penalties but can also damage your reputation and future opportunities. Employers, landlords, and licensing boards often see such convictions as indicators of aggression or unwillingness to comply with authority, which can limit career paths, housing options, and more.
Local Court Experience
We defend clients facing resisting arrest charges in Austin, Round Rock, Georgetown, Cedar Park, Leander, Pflugerville, Buda, Kyle, San Marcos, and surrounding areas throughout Travis, Williamson, and Hays Counties. Our familiarity with local judges, prosecutors, and court procedures gives our clients a strategic advantage.
Related Offenses
Because resisting arrest charges often accompany other allegations, we frequently defend clients also facing assault on a public servant, public intoxication, DWI, and disorderly conduct. Addressing all charges together allows us to pursue the most favorable overall resolution.
Frequently Asked Questions
Do I have to know the person was a police officer?
What if I was acting in self-defense?
Can I be charged if I was only running away?
Can body camera footage help my case?
How quickly should I contact a lawyer?
Can I be charged if the arrest was unlawful?
Yes. Texas law states that resisting an unlawful arrest is still a criminal offense.
Is verbal disagreement considered resisting arrest?
Will I have to appear in court?
How does this charge impact my record?
Can this charge be expunged?
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Georgetown, TX 78628