Charged With Resisting Arrest After a Traffic Stop in Houston? Here’s What You’re Really Facing Under Texas Law

A routine traffic stop can change everything. One moment you’re being asked for your license and registration. The next, you’re being pulled from your vehicle, handcuffed, and told you’re being detained or under arrest. A natural reaction to an unfounded detention is to balk and argue. Unfortunately, this may result in a charge of resisting arrest.

Resisting arrest is one of the most commonly charged offenses following interactions with law enforcement during traffic stops across Texas. What begins as a minor traffic violation can quickly turn into something far more serious.

Understanding what this charge really means and what you’re up against under Texas law is the first step toward protecting your rights and your future.

What Counts as Resisting Arrest Under Texas Law?

Texas Penal Code Section 38.03 defines resisting arrest as intentionally using force to prevent a peace officer from making an arrest, conducting a search, or transporting someone who is in custody.

Importantly, “force” under the law typically means you have to use force to strike or attack an officer. However, in many cases, this charge is based on subtle physical actions. Pulling away from handcuffs, stiffening your body, refusing to exit your vehicle, or any movement that interferes with the officer’s ability to carry out the arrest may be enough for the officer to call the DA on duty and seek Resisting Arrest charges. .

I have seen cases where instinctive reactions, like tensing up or hesitating, was interpreted as resistance if the officer reports that it disrupted the arrest.

There’s a common misconception that someone can legally push back or refuse to comply during an arrest they believe is unlawful. But in Texas, courts have made it clear: disputes about the legality of an arrest must be handled through the court system, not in the moment.

That single moment can become the focal point of your entire case, especially when prosecutors rely heavily on the officer’s account of what happened.

How a Traffic Stop Can Lead to Criminal Charges

These cases often come down to interpretation, not clear-cut intent. What may feel like confusion or anxiety during a traffic stop can be viewed as noncompliance and obstruction if the officer believes your behavior disrupted their ability to act.

You may face a resisting arrest charge if you:

• Do not comply immediately when told to exit your vehicle.
• Reach for belongings without first explaining your movements.
• Tighten your arms, pull away, or physically recoil during handcuffing.
• Speak in a tone the officer perceives as confrontational, particularly when combined with any physical action that could constitute force.

Even brief, often misunderstood moments can carry significant legal consequences. Once they’re included in a police report, they become the foundation of the prosecution’s case. That’s why it’s critical to get legal counsel involved early, before the state’s version of events becomes the dominant narrative.

Keep in mind that simply because someone is accused of Resisting Arrest does not mean that their actions constitute proof of the charge. Simply taking an action, without assaultive behaviour may not be sufficient for the charge to stick. This is why you need a lawyer. 

Is Resisting Arrest a Misdemeanor or Felony in Texas?

Resisting arrest without a weapon is a Class A misdemeanor, which can carry:

• Up to 1 year in jail, and
• A $4,000 fine

If prosecutors allege that you used or exhibited a deadly weapon, the charge may be elevated to a third-degree felony, punishable by:

• 2 to 10 years in prison, and
• A fine of up to $10,000

It’s also common for prosecutors to stack additional charges, such as:

• Assault on a public servant
• Interference with public duties
• Evading arrest or detention

These enhancements raise the stakes and complicate plea negotiations. Prosecutors in Harris County and surrounding areas often take an aggressive approach. Every detail about how the stop and arrest unfolded can influence how your case proceeds.

The Real-World Consequences of a Conviction

A conviction for resisting arrest in Texas can follow you long after the traffic stop is over, even if the underlying incident started as something minor.

A criminal record may:

• Disqualify you from job opportunities.
• Appear during background checks for housing or licensing.
• Impact how law enforcement or the courts treat you in future encounters.

In Texas, resisting arrest is sometimes viewed as a challenge to authority, which can influence everything from sentencing to bail to plea options. The damage to your reputation, financial stability, and personal freedom can extend far beyond the courtroom.

How Chernoff Law Defends These Cases

At Chernoff Law, we approach resisting arrest cases with urgency and precision. Our goal is not just to respond to the charge, but to dismantle the prosecution’s assumptions before they gain traction in court.

These cases hinge on small moments and critical details. We dig into the evidence immediately to uncover what it shows and what it omits.

We focus on:

• Video footage from dashcams and bodycams.
• Witness statements, including your own.
• Officer conduct, from the initial stop to the written report.
• The timing and sequence of events that may contradict the official narrative.

Depending on the facts, your defense may include:

• Showing there was no intent to resist.
• Exposing inconsistencies or exaggerations in the officer’s report.
• Demonstrating that what the officer perceived as resistance was a reaction to fear, unclear instructions, or a rapidly escalating situation, not a willful attempt to interfere or assault.
• Arguing that your constitutional rights were violated, and the arrest was not lawfully executed.

You deserve a defense that scrutinizes every assumption, challenges flawed evidence, and places the full truth before the court.

What You Should Do Now

A resisting arrest charge, even during a traffic stop, can spiral quickly into something much more serious. If you were arrested in Houston, Spring, Tomball, Pasadena, or anywhere in Harris County, now is the time to take control of your defense.

Do not speak to police or prosecutors without an attorney. Do not wait until your court date to act.

The earlier we get involved, the more effectively we can protect your rights, preserve key evidence, and shape how your case unfolds.

Speak With a Houston Criminal Defense Attorney Today

Whether you were arrested in The Woodlands, Baytown, League City, Sugar Land, or another part of Harris, Montgomery, Fort Bend, Galveston, or Chambers County, you need a defense team that understands what’s at stake.

At Chernoff Law, we build strategic defenses rooted in facts, timing, and truth because one bad moment shouldn’t define your future.

Reach out for a confidential consultation and learn how Chernoff Law can help you take the next step forward.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you’ve been charged with resisting arrest or any other offense, speak with a qualified Texas criminal defense attorney about your specific situation.