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 asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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.

Recent RESIST ARREST SEARCH OR TRANSP DEADLY WEAPON cases

CaseCountyFiledDisposedOutcome
CR-24-3550-EHaysOct 23, 2024Mar 10, 2026Guilty or no-contest plea
CR-24-3550-EHaysOct 23, 2024Mar 10, 2026Guilty or no-contest plea
CR-24-4868-EHaysMar 12, 2025Feb 10, 2026Guilty or no-contest plea
CR-24-4868-EHaysMar 12, 2025Feb 10, 2026Guilty or no-contest plea
416-81045-2025CollinFeb 25, 2025Jun 27, 2025Deferred adjudication
416-81045-2025CollinFeb 25, 2025Jun 27, 2025Deferred adjudication
416-87087-2023CollinDec 5, 2023Aug 29, 2024Dismissed by the prosecutor
416-87087-2023CollinDec 5, 2023Aug 29, 2024Dismissed by the prosecutor
CR-20-3735-EHaysMar 17, 2021Oct 17, 2023Acquitted at trial
CR-20-3735-EHaysMar 17, 2021Oct 17, 2023Acquitted at trial

Related charges

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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.