The penalty for evading arrest in Texas could be as severe as a 20-year prison sentence, although the seriousness of the circumstances surrounding the charges for evading arrest dictate what the potential consequences may be.
Whether fleeing from law enforcement on foot, by vehicle, or attempting to hide to avoid apprehension, evading arrest can lead to severe consequences for those who may be unfairly accused of this offense. That’s why it’s important to have a strong understanding of what this criminal offense is as you seek help from an experienced lawyer.
What Is Evading Arrest?
Under Texas Penal Code § 38.04, evading arrest occurs when someone intentionally flees from a person he or she knows is a peace officer attempting lawfully to arrest or detain them. This includes attempting to evade arrest on foot, by vehicle, or any other means of escape.
Here are the legal requirements for a charge of evading arrest:
- The defendant intentionally tried to flee law enforcement;
- The defendant physically fled the scene on foot or in a vehicle;
- The defendant knew they were fleeing from law enforcement;
- Law enforcement officers were trying to arrest or detain the defendant under suspicion of breaking the law
No physical force is required for a charge of evading arrest, although you may face additional charges for resisting arrest if law enforcement alleges that you struggled or attempted to fight back while officers restrained you.
Criminal Penalties for Evading Arrest
In Texas, the penalties for evading arrest vary depending on the circumstances of the offense. Here's an overview of the potential criminal penalties associated with evading arrest:
Evading Arrest or Detention (Class A Misdemeanor)
If the offense involves evading arrest or detention on foot and the individual is not armed with a deadly weapon, the offense is classified as a Class A misdemeanor in Texas. The potential penalties for a Class A misdemeanor may include up to one year in jail and/or a fine of up to $4,000.
Evading Arrest or Detention with a Vehicle (State Jail Felony)
If the offense involves evading arrest or detention using a vehicle, the offense is classified as a state jail felony in Texas. The potential penalties for a state jail felony may include 180 days to 2 years in state jail and/or a fine of up to $10,000.
Evading Arrest or Detention with a Vehicle and Causing Death or Serious Bodily Injury (Third-Degree Felony)
If the offense involves evading arrest or detention using a vehicle and causes death or serious bodily injury to another person, the offense is classified as a third-degree felony in Texas. The potential penalties for a third-degree felony may include up to 20 years in prison and/or a fine of up to $10,000.
Enhanced Penalties for Repeat Offenders
Repeat offenders of evading arrest in Texas may face enhanced penalties, including longer periods of incarceration and higher fines.
Do You Need Legal Assistance?
If you’re already facing criminal charges, having additional charges for evading arrest can complicate your legal situation. Even so, an experienced attorney can help you address all of your charges simultaneously, helping you build a legal defense strategy that can put you on a path toward a better outcome.
Rodriguez & Gimbert, P.L.L.C. can offer the legal support you need during this time. Contact us today to schedule a consultation.