Evading Arrest in Texas

Evading Arrest is a criminal offense that occurs when a person intentionally flees or attempts to evade a law enforcement officer who is attempting to lawfully arrest them. This offense may occur in various situations, such as when a person is pulled over while driving, and they attempt to speed away or when a person is being pursued on foot by a police officer, and they try to escape.

In many jurisdictions, evading arrest is considered a serious offense and can result in significant legal penalties. These penalties may include fines, imprisonment, probation, community service, and a criminal record. The severity of the punishment depends on various factors, such as the circumstances of the offense, the defendant’s criminal history, and the jurisdiction’s laws. Read more on the Texas penal code for evading arrest.

Elements of Evading Arrest in Texas

In Texas, the offense of evading arrest occurs when a person intentionally flees from a law enforcement officer who is attempting to arrest or detain them. To be convicted of evading arrest, the following elements must be proven beyond a reasonable doubt:

1. The defendant intentionally fled from a law enforcement officer.
2. The officer was attempting to lawfully arrest or detain the defendant.
3. The defendant knew that the person attempting to arrest or detain them was a law enforcement officer.

It’s important to note that the officer does not have to be in uniform or display a badge for the defendant to be aware that they are a law enforcement officer. Additionally, the defendant’s conduct must be willful and voluntary, meaning they must have made a conscious decision to flee.

Penalties for Evading on Foot in Texas?

In Texas, evading arrest on foot is generally considered a Class A misdemeanor offense, which carries the following penalties:

• Up to one year in jail
• A fine of up to $4,000
• Both a fine and imprisonment

However, if certain aggravating factors are present, the offense may be charged as a felony, resulting in more severe penalties. For example, if the defendant has a prior conviction for evading arrest, the offense may be charged as a third-degree felony, which carries a penalty of:

• Between 2 and 10 years in prison
• A fine of up to $10,000

Additionally, if the defendant used a deadly weapon while evading or if the evading resulted in serious bodily injury to another person, the offense may be charged as a second-degree felony, which carries a penalty of:

• Between 2 and 20 years in prison
• A fine of up to $10,000

It’s important to note that these penalties are not set in stone and may vary depending on the specific circumstances of the case, the defendant’s criminal history, and other relevant factors.

Penalties for Evading Arrest in a Vehicle in Texas?

In Texas, evading arrest in a vehicle is a serious offense that carries severe penalties. The penalties for evading arrest in a vehicle depend on the circumstances of the offense and the defendant’s criminal history. The penalties for evading arrest in a vehicle in Texas are as follows:

1. Evading arrest in a vehicle is typically categorized as a Class A misdemeanor offense in Texas, which can result in a maximum penalty of up to one year in jail and/or a fine of up to $4,000.
2. If a person evades arrest in a vehicle and the act results in a collision that causes bodily injury to another person, the offense may be charged as a third-degree felony. A conviction for this offense can result in serious penalties, including imprisonment for between two and ten years and a fine of up to $10,000.
3. If a person evades arrest in a vehicle and the act results in a collision that causes serious bodily injury to another person, the offense may be charged as a second-degree felony. A conviction for this offense can result in severe penalties, including imprisonment for between two and twenty years and a fine of up to $10,000.
4. If a person evades arrest in a vehicle, and the act results in a collision that causes the death of another person, the offense may be charged as a first-degree felony. This is the most severe type of felony, and a conviction for this offense can result in a sentence of between 5 and 99 years in prison and a fine of up to $10,000.

Arrested? Don’t Plea, Call Me!

If you find yourself facing evading arrest charges in Texas you will need an experienced defense attorney to protect your legal rights. You need our skilled and seasoned attorneys at Texas Criminal Defense Group.

If you live in Lubbock County, Potter County, Randall County, Dallas County, Denton County, Midland County or Tarrant County, Contact our attorneys at Texas Criminal Defense Group for a legal review of your case.