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.

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

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