4.403 — RESISTING ARREST WITH FORCE
Violations of "Statute 4.403" results in a Class F Felony
(a) Definitions
A person commits the offense of resisting arrest with force when they knowingly and intentionally obstruct or interfere with a law enforcement officer’s attempt to lawfully place them under arrest by using or threatening to use physical force, including but not limited to:
Pushing, striking, or otherwise making physical contact with an officer to resist arrest.
Using an object or weapon to interfere with the arrest process.
Attempting to disarm the arresting officer.
(b) Elements
To establish the offense, the prosecution must prove beyond a reasonable doubt that:
The defendant was aware they were being lawfully placed under arrest.
The defendant used physical force or threatened violence to resist arrest.
The defendant acted intentionally to interfere with the officer’s lawful duties.
(c) Defenses
A person shall not be found guilty of resisting arrest with force if:
The arrest was unlawful, and the person reasonably believed they were being subjected to excessive force.
The officer was not clearly identified as law enforcement.
The defendant’s actions were taken in lawful self-defense.
(d) Aggravating Factors
The court shall impose enhanced penalties if the act of resisting arrest with force involves:
The use or attempted use of a deadly weapon.
Causing bodily injury to a law enforcement officer.
Committing the offense while fleeing from another felony offense.
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