In the Texas penal code for resisting arrest what defines "using force against the peace officer or another"?

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I was unlaufully arrested (whichi is OK in Texas I guess) but when the officer tried to put the handcuffs I did not allowed it another officer came and I was wrestled to the ground. I did resist, but did not throw punches and I did not try to harm anyone. After all the charges that I was originally was going to be arrested for were not charged, only the resisting arrest charges.

Attorney Answers

2
Ben Sifuentes ·
You must strike or kick or push. The mere failure to cooperate is insufficient. The prosecution must prove that force is used against the officers. The case of Sheehan v. State, 2012 S.W.3d explains what is necessary to prove use of force. There are court opinions that say pulling away is insufficient. Being stiff is insufficient. Regardless, you need to hire a lawyer who can help you. I have seen the Bexar County DA dismiss cases when I have shown the prosecution that there is a failure to use force. Of course, the police may have written their reports claiming a different story. Hire a lawyer.
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Scott Marquardt ·
Any failure to submit to an officer's instructions constitutes "resistance" in the eyes of the the police and gives them probable cause to arrest you. You need to hire a qualified criminal defense attorney because it is difficult to maintain a resistance charge with no underlying charges. Good Luck.
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