Penal Code § 38.03(d) · Third-degree felony

RESIST ARREST SEARCH OR TRANSP DEADLY WEAPON

Resisting Arrest Search or Transport Deadly Weapon in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,000
Median cash bail
2%
Released on personal bond
577
Bail records

What “RESIST ARREST SEARCH OR TRANSP DEADLY WEAPON” means

This charge is the deadly-weapon variant of resisting arrest, search, or transportation. The base offense, Texas Penal Code § 38.03(a), requires proof that a person intentionally prevented or obstructed someone the person knew to be a peace officer — or a person acting in an officer's presence and at the officer's direction — from effecting an arrest, search, or transportation of the actor or another, by using force against the officer or another. Texas Penal Code § 38.03(d) elevates the grade of the offense when the State additionally proves the actor used a deadly weapon to resist the arrest or search. A deadly weapon, under Texas Penal Code § 1.07, is a firearm, anything manifestly designed, made, or adapted for inflicting death or serious bodily injury, or anything that in its manner of use or intended use is capable of causing death or serious bodily injury.

Charged asPossible confinementFineSource
Third-degree felony 2 to 10 years in prison (TDCJ) Fine up to $10,000 Penal Code § 12.34

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Bail for RESIST ARREST SEARCH OR TRANSP DEADLY WEAPON in Texas

Across 577 Texas bail settings for this charge (4 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $4,000 – $25,000). 2% of defendants were released on a personal bond, and bail was denied in 16 cases. When this was the only charge at booking (36 records), the median was $7,500 and 6% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 44 $2,500 $1,000 – $10,000 9% 0%
Cameron 39 $8,750 $3,500 – $30,000 10% 0%
Bexar 37 $10,000 $3,250 – $15,000 3% 14%
Hays 31 $10,000 $5,000 – $25,000 0% 0%

Showing the 4 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

How real RESIST ARREST SEARCH OR TRANSP DEADLY WEAPON cases ended

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

416-87087-2023 · Collin County
Filed Dec 5, 2023 → Dismissed by the prosecutor Aug 29, 2024 (9 months)
Dismissed
416-87087-2023 · Collin County
Filed Dec 5, 2023 → Dismissed by the prosecutor Aug 29, 2024 (9 months)
Dismissed
CR-20-3735-E · Hays County
Filed Mar 17, 2021 → Acquitted at trial Oct 17, 2023 (31 months) · plea: not guilty
Acquittal - Insane
NA21-553 · Comal County
Filed Jul 6, 2021 → Dismissed by the prosecutor Jul 6, 2021
Non-Prosecution Affidavit

Deferred adjudication

416-81045-2025 · Collin County
Filed Feb 25, 2025 → Deferred adjudication Jun 27, 2025 (4 months) · plea: guilty
416-81045-2025 · Collin County
Filed Feb 25, 2025 → Deferred adjudication Jun 27, 2025 (4 months) · plea: guilty
2-22-1092 · Rockwall County
Filed Nov 8, 2022 → Deferred adjudication Nov 10, 2022 · plea: guilty
Sentenced - Probation/Supervision (OCA) TX CSCD and Community Service CSCD 10 Years with Community Service of 120 Hours
15,551 · Bastrop County
Filed Mar 19, 2014 → Deferred adjudication Mar 19, 2014 · plea: guilty

Ended in a conviction

CR-24-3550-E · Hays County
Filed Oct 23, 2024 → Guilty or no-contest plea Mar 10, 2026 (17 months) · plea: guilty
Confinement to Commence 03/10/2026 8 Years , Institutional Division, Department of Corrections Jail Credit 558 Days Concurrent with Prior Sentence
CR-24-3550-E · Hays County
Filed Oct 23, 2024 → Guilty or no-contest plea Mar 10, 2026 (17 months) · plea: guilty
Confinement to Commence 03/10/2026 8 Years , Institutional Division, Department of Corrections Jail Credit 558 Days Concurrent with Prior Sentence
219-81566-2022 · Collin County
Filed Apr 26, 2022 → Guilty or no-contest plea Oct 27, 2022 (6 months) · plea: guilty
Convicted: Guilty Plea - No Jury
20-03-03298 · Montgomery County
Filed Mar 6, 2020 → Guilty or no-contest plea May 28, 2020 (3 months) · plea: guilty
Confinement to Commence 05/28/2020 90 Days , County Jail, Montgomery County Sheriff's Office Jail

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.