A Push, A Pull, A Felony: Resisting Arrest Defense in Austin, Texas

A traffic stop. A question. A moment of frustration. You pull away. You stiffen your arm. You try to walk away. In that instant, a simple encounter becomes a criminal charge. Resisting arrest is one of the most common—and most misunderstood—charges in Texas. What feels like a natural reaction can be prosecuted as a Class A misdemeanor. What starts as a minor dispute can lead to jail time, a criminal record, and years of consequences.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against resisting arrest charges. Whether you are accused of pulling away from an officer, refusing to put your hands behind your back, or any physical resistance during an encounter, we understand how quickly a situation can escalate. Our attorneys have spent decades in Travis County courtrooms and beyond, handling criminal cases with skill and determination.

We know that resisting arrest cases often hinge on the officer’s version of events—and that version can be challenged. We know how to challenge the legality of the arrest itself, argue that your actions were not intentional, and build a defense that keeps a conviction off your record. We know that a moment of frustration should not define your future.

If you are facing a resisting arrest charge, you are not alone. Let us help you fight back.

Understanding Resisting Arrest in Texas

Under Texas law, a person commits resisting arrest if they intentionally prevent or obstruct a peace officer from making an arrest, search, or transportation of a person, using force against the officer or another.

The Elements:

The State must prove:

• A peace officer was attempting to make an arrest, search, or transportation

• You intentionally prevented or obstructed the officer

• You used force against the officer or another

The Penalty:

• Class A Misdemeanor: Up to 1 year in jail

• Fine: Up to $4,000

• Can be enhanced to a felony if the officer was injured or if a deadly weapon was used

What Is Not Resisting Arrest:

• Verbal objections (words alone are not resisting)

• Passive non-compliance (refusing to move without physical resistance)

• Fleeing without using force (that is evading arrest, a separate offense)

For residents across Central Texas, a resisting arrest conviction can mean up to a year in jail.

What Is the Penalty for Resisting Arrest in Texas?

Resisting arrest is a Class A misdemeanor in Texas, punishable by up to 1 year in jail and a fine of up to $4,000.

Enhanced Penalties:

• If the officer is injured: The charge may be enhanced to a third-degree felony (2 to 10 years)

• If a deadly weapon is used: The charge may be enhanced to a second-degree felony (2 to 20 years)

Collateral Consequences:

• Criminal Record: A permanent conviction on your record

• Employment: Many employers will not hire individuals with resisting arrest convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

• Immigration: Non-citizens may face deportation

For those in the Austin area, a resisting arrest conviction can affect every aspect of your life.

How to Defend a Resisting Arrest Charge

Defending against a resisting arrest charge requires a strategic approach. The State must prove the arrest was lawful and that you used force to resist.

Defense 1: The Arrest Was Unlawful

If the officer did not have probable cause to arrest you, the arrest was unlawful. You cannot be convicted of resisting an unlawful arrest. Your attorney can challenge:

• Whether the officer had probable cause for the underlying offense

• Whether the officer had reasonable suspicion to stop you

• Whether the officer was acting outside their lawful authority

Defense 2: No Force Was Used

The State must prove you used force against the officer. If you merely pulled away, stiffened your arm, or passively resisted without force, you have a defense.

Defense 3: You Did Not Act Intentionally

The State must prove you intentionally resisted. If your actions were reflexive, accidental, or unintentional, you have a defense.

Defense 4: The Officer Used Excessive Force

If the officer used excessive force, you may have a defense. You have the right to resist excessive force.

Defense 5: Self-Defense

If the officer was using unlawful force, you may have the right to defend yourself.

Defense 6: False Allegations

In some cases, officers may exaggerate or fabricate allegations to justify an arrest. Your attorney can challenge:

• Inconsistent statements

• Lack of physical evidence

• Body camera footage that contradicts the officer’s report

For those in Central Texas, a strong defense can mean the difference between a conviction and a dismissal.

The Unlawful Arrest Defense

If the underlying arrest was unlawful, you cannot be convicted of resisting arrest. This is one of the most powerful defenses.

What Makes an Arrest Unlawful:

• The officer did not have probable cause

• The officer did not have a warrant when one was required

• The officer was acting outside their jurisdiction

• The officer used excessive force

Proving Unlawful Arrest:

• Body Camera Footage: Often shows whether the officer had probable cause

• Witnesses: Other people who saw the incident

• Prior Incidents: Evidence that the officer has a history of unlawful arrests

The Danger:

Even if the underlying charge is dismissed, you can still be charged with resisting arrest. Your attorney must challenge the legality of the arrest itself.

For residents across the Austin metro area, challenging the underlying arrest is often the key to the defense.

Force vs. Passive Resistance

The law distinguishes between passive resistance and active resistance. Only active resistance using force qualifies as resisting arrest.

Passive Resistance (Not Resisting Arrest):

• Refusing to move

• Stiffening your body

• Going limp

• Verbal objections

Active Resistance (Resisting Arrest):

• Pushing or shoving

• Hitting or kicking

• Pulling away with force

• Using a weapon

Defending the Distinction:

• No Force: Your actions did not involve force

• Passive: You were passively resisting, which is not a crime

• Reflexive: Your actions were reflexive, not intentional

For those in the Austin area, the distinction between passive and active resistance is critical.

The Role of Body Camera Footage

Body camera footage is often the most critical evidence in resisting arrest cases. It can prove or disprove the officer’s version of events.

What Body Camera Shows:

• Whether the arrest was lawful

• Whether you used force

• Whether the officer used excessive force

• What was said during the encounter

How to Use Body Camera Footage:

• Request the footage immediately

• Review it carefully with your attorney

• Look for inconsistencies with the officer’s report

• Identify moments where the officer escalated the situation

The Danger:

Body camera footage is powerful evidence—for both sides. It can prove your innocence or confirm the officer’s allegations.

For residents across Central Texas, body camera footage is often the key to the defense.

Resisting Arrest and Other Charges

Resisting arrest is often charged alongside other offenses—DWI, assault, drug possession. The resisting charge can be used to leverage a plea in the underlying case.

How It Works:

• The prosecutor may offer to drop the resisting charge if you plead to the underlying offense

• Or the prosecutor may offer to drop the underlying charge if you plead to resisting

• A skilled attorney can use the resisting charge to negotiate a better outcome

The Danger:

Resisting arrest charges are often added to cases where the underlying evidence is weak. Your attorney must evaluate whether the resisting charge is valid.

For those in the Austin metro area, resisting arrest charges are often used as leverage.

Deferred Adjudication for Resisting Arrest

For first-time offenders, deferred adjudication may be available for resisting arrest charges.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 6-12 months)

• Conditions may include community service, fines, and anger management

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior criminal history

• The case does not involve injury to the officer

For residents across Central Texas, deferred adjudication is often the goal in a resisting arrest case.

Frequently Asked Questions About Resisting Arrest in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about resisting arrest charges. Here are the answers to the most common inquiries we receive.

What is the penalty for resisting arrest in Texas?

Resisting arrest is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000.

Can I be charged with resisting arrest if the arrest was illegal?

No. If the underlying arrest was unlawful, you cannot be convicted of resisting arrest. This is a complete defense.

What is the difference between resisting arrest and evading arrest?

Resisting arrest involves using force to prevent an arrest. Evading arrest involves fleeing without using force.

What is passive resistance?

Passive resistance—refusing to move, going limp, stiffening your body—is not resisting arrest. Only active resistance using force qualifies.

Can I get deferred adjudication for resisting arrest?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

What if the officer used excessive force?

If the officer used excessive force, you may have the right to defend yourself. Your attorney can present evidence of the officer’s conduct.

Do I need an attorney for a resisting arrest charge?

Yes. A resisting arrest conviction can result in jail time and a permanent criminal record. An experienced attorney can challenge the legality of the arrest and seek deferred adjudication.

Why Barton & Associates for Resisting Arrest Defense in Austin

Resisting arrest cases often hinge on the officer’s version of events—and that version can be challenged. Our attorneys have spent decades in courtrooms across Central Texas, handling criminal cases with skill and determination.

We know the local prosecutors. We know the judges. We know how to challenge the legality of the arrest, argue that no force was used, and fight to keep a conviction off your record.

Take the First Step Toward Protecting Your Future

If you are facing a resisting arrest charge, your freedom and your future are on the line. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of keeping this charge off your record.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)