Evading Arrest Charges 1-888-HDZLAW-8

If you run away from a police arrest, you’re putting yourself at risk of physical injury or even death.

If you know you’re on the right side of the law and the law enforcement is arresting you illegally, stay relaxed. Do not resist the arrest and most definitely do not run away from it. If you attempt to resist a valid search of your premises by your police, it will be construed as evading arrest. If you refuse to comply with a detention for the purpose of questioning, you can be arrested for evading arrest.

Evading arrest is a totally unnecessary and avoidable action that checkers the pitch if you’re already facing charges and lands you into trouble if you have not done anything wrong.

The Texas Penal Code – PENAL § 38.04. Evading Arrest or Detention is where you find the punishment and whether you committed the crime, below are the sections.

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class A misdemeanor, except that the offense is:
(1) a state jail felony if:
(A) the actor has been previously convicted under this section;  or
(B) the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section;  or
(B) another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight;  or
(1) a state jail felony if the actor has been previously convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in flight;
(B) another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight;  or
(C) the actor uses a tire deflation device against the officer while the actor is in flight;  or
(3) a felony of the second degree if:
(A) another suffers death as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight;  or
(B) another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation device while the actor is in flight.
(c) In this section:
(1) “Vehicle” has the meaning assigned by Section 541.201, Transportation Code.
(2) “Tire deflation device” has the meaning assigned by Section 46.01.
(3) “Watercraft” has the meaning assigned by Section 49.01.
(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law

The punishment for evading arrest varies with the circumstances of the event. It can land you a prison sentence of up to 20 years. Regardless of whether you’re charged with a misdemeanor or a felony for evading arrest, you need the services of a knowledgeable lawyer who is prepared to defend you aggressively, and also has the necessary expertise to do so.

Alex R. Hernandez Jr. can help you. The first and often the most critical aspect of the case is to determine if the arrest was legal. If the judge can be convinced that the arrest or detention was not made lawfully, then you may not be prosecuted for evading arrest.

Call us today for secure and zealous representation for your evading arrest charge. Call 888HDZLAW8