Resisting Arrest, Search, or Transportation

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Resisting Arrest, Search, or Transportation is a Class A Misdemeanor, or a 3rd degree felony if the defendant uses a deadly weapon in the process.

Statute(s)

§ 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.
(a) A person commits an offense if he intentionally prevents or
obstructs a person he knows is a peace officer or a person acting in
a peace officer's presence and at his direction from effecting an
arrest, search, or transportation of the actor or another by using
force against the peace officer or another.
(b) It is no defense to prosecution under this section that
the arrest or search was unlawful.
(c) Except as provided in Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a felony of the third
degree if the actor uses a deadly weapon to resist the arrest or
search.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.
Acts 1991, 72nd Leg., ch. 277, § 1, 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.