The Difference Between Evading and Resisting Arrest
A simple traffic stop. A misunderstanding on the street. A few seconds of panic. Suddenly, you’re in handcuffs, and you’re not even sure what you’re being charged with. Was it evading arrest? Resisting arrest? Both?
In Texas, these two charges might sound alike, but legally they carry different meanings, different penalties, and different consequences. If you or someone you care about is facing one of them, knowing the difference isn’t just helpful — it’s critical. Let’s break it down, clearly and simply, so you know exactly what you’re up against and how to fight back.
What Is Evading Arrest in Texas?
Evading arrest means intentionally fleeing from a peace officer who is lawfully trying to arrest or detain you.
Under Texas Penal Code § 38.04, a person commits the offense of evading arrest or detention when they “intentionally flee from a person they know is a peace officer or federal special investigator attempting lawfully to arrest or detain them.”
Even if you weren’t being arrested, but the officer was trying to detain you (for questioning, a traffic stop, or suspicion), running away still counts.
Example:
- You’re pulled over for speeding and suddenly drive off before the officer reaches your window.
- You’re walking down the street, and when police approach to ask questions about a nearby theft, you bolt.
- You don’t stop for the police while driving, even if it’s just because you panicked.
Penalties for Evading Arrest in Texas
The severity depends on how the evading happened:
- Class A misdemeanor: Evading on foot with no prior convictions.
- State jail felony: If you have a prior evading conviction.
- Third-degree felony: Evading in a vehicle, even if no one gets hurt.
- Second-degree felony: If someone is seriously injured or dies as a result of the attempt to evade.
What Is Resisting Arrest in Texas?
Resisting arrest is when someone intentionally tries to prevent a peace officer from making a lawful arrest — either of themselves or someone else—by using force or threats.
Texas Penal Code § 38.03 makes it a crime to use force against a law enforcement officer to stop them from making an arrest, even if the arrest turns out to be unlawful.
You don’t have to punch or hit an officer. Force can be any physical effort to stop or hinder the arrest. That could mean stiffening your arms, running in circles, or even locking your body to a steering wheel.
Examples:
- Physically pulling away from or pushing an officer trying to put handcuffs on you.
- Tensing up, going limp, or refusing to put your hands behind your back during arrest.
- Shouting threats or struggling while being taken into custody.
Penalties for Resisting Arrest in Texas
- Class A misdemeanor by default.
- Third-degree felony if a deadly weapon is used during the resistance.
What’s the Real Difference Between Evading and Resisting Arrest?
The core distinction lies in how you respond to police. Evading is about running away or trying to avoid being caught in the first place. Resisting is about fighting back or struggling once the officer is already engaging with you.
You can be charged with both at the same time. For instance, if you flee during a traffic stop (evading) and then struggle when they catch you (resisting), you’re facing two separate charges.
What If the Arrest Was Illegal?
One of the trickiest parts about resisting arrest charges in Texas is that you can’t legally resist even an illegal arrest.
The logic? The courts want to avoid escalating confrontations and instead push for disputes to be resolved in court — not in the street. Your best defense is in the courtroom, not during the heat of the moment.
What To Do If You’re Facing Evading and Resisting Arrest Charges?
If you’re charged with evading or resisting arrest in Texas, it’s critical to talk to a criminal defense lawyer immediately. These are not minor charges — they can affect your record, your job opportunities, and even your ability to get housing or loans in the future.
An experienced defense attorney can:
- Evaluate the facts and police reports
- Identify weaknesses in the prosecution’s case
- Negotiate to reduce or dismiss charges
- Represent you in court, if needed
Arrested? Don’t Plea, Call Me!
Whether you were scared, confused, or simply made a split-second decision, being charged with evading or resisting arrest in Texas is serious but it doesn’t have to ruin your life. Understanding the difference between the two is the first step. The next step is getting the right legal help on your side.
At Texas Criminal Defense Group, we don’t just defend cases — we defend futures. Our team knows how to challenge weak evidence, expose unlawful police actions, and fight for reduced or dismissed charges when possible. Don’t navigate this alone.