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San Antonio Resisting Arrest Defense Attorney

Last updated on April 29, 2025

In Texas, resisting arrest charges under Penal Code § 38.03 carry serious consequences that can impact your freedom, employment opportunities and reputation. Even as a misdemeanor, a conviction can result in up to one year in jail and substantial fines, while resisting arrest with a weapon elevates the charge to a third-degree felony with potential prison sentences of two to 10 years. These charges require skilled legal representation to protect your rights and future.

At the Law Offices of Anthony B. Cantrell, our founding attorney brings extensive experience defending clients against resisting arrest allegations throughout San Antonio and surrounding areas. We understand how quickly these situations can escalate and how officers sometimes misinterpret actions during high-stress encounters. We will carefully analyze your case, identify potential defenses and work to achieve the best possible outcome.

What Constitutes Resisting Arrest In Texas?

Under Texas law, resisting arrest occurs when a person intentionally prevents or obstructs a peace officer from effecting an arrest by using force against the officer. This charge requires the prosecution to prove:

  • Intentional prevention or obstruction of an arrest
  • Use of force against a peace officer
  • Knowledge that the person was a peace officer

Many defendants do not realize their actions constituted “resistance” under the law. Understanding these nuances is crucial to building an effective criminal defense.

Strategic Defense Approaches

Our San Antonio defense team considers multiple approaches, including:

  • Self-defense when facing excessive force by police
  • Challenging whether the arrest itself was lawful
  • Demonstrating a lack of knowledge that the person was an officer
  • Addressing mental health factors that may have affected behavior

These defenses require thorough investigation and legal knowledge. As with our approach to disorderly conduct and drug charges, we examine every detail to build the strongest possible defense.

Our team works to minimize these impacts, just as we do with DWI and assault charges.

Contact Our San Antonio Defense Lawyers Today

If you face resisting arrest charges in San Antonio or anywhere in Texas, do not delay seeking legal representation. Contact the Law Offices of Anthony B. Cantrell at 210-888-9653 or through our online form to schedule a confidential consultation. Hablamos español.