Criminal defense across Denton County and Collin County

Resisting Arrest, Search, or Transportation

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Resisting Arrest, Search, or Transportation”, as per § 38.03 of the Texas Penal Code, occurs when a person 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.

An offense under this section is a Class A misdemeanor, unless the actor uses a deadly weapon to resist the arrest or search in which case it is a third degree felony.

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Misdemeanor A

Confinement in jail for a term not to exceed one year

Fine not to exceed $4,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years

In addition to imprisonment, may receive a fine not to exceed $10,000

Punishment Range Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement Third Degree Felony Imprisonment in the institutional division for not more than 10 years or less than two years In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069

Office locations

  • Denton office: 215 West Oak Street, Denton, TX 76201
  • McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
  • Plano office: 7200 Dallas Parkway, Plano, TX 75024

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