Penal Code · §38.03
Resisting Arrest, Search, or Transportation
Elements
- A person
- Intentionally prevents or obstructs a peace officer or person acting in a peace officer's presence and at the officer's direction
- From effecting an arrest, search, or transportation of the actor or another
- By using force against the peace officer or another
- (It is no defense that the arrest or search was unlawful)
Penalty
Class A misdemeanor — up to 1 year county jail + up to $4,000 fine (§12.21).
Enhancements
Third-degree felony if actor uses a deadly weapon to resist the arrest or search — 2 to 10 years TDCJ + up to $10,000 fine (§12.34). Distinguish from Evading Arrest (§38.04) which involves flight, not force.