If you are charged with evading arrest or resisting arrest in Texas, you may be charged with a misdemeanor or a felony depending upon the facts and circumstances surrounding your case. However, because the State is required to prove a person’s specific intent before obtaining a conviction for evading or resisting arrest, it is often times possible to win a dismissal or acquittal of these types of charges.
What Does Evading Arrest Mean?
In Texas, a person commits evading arrest if he or she intentionally flees from a person he or she knows is a peace officer or federal special investigator attempting to lawfully arrest or detain him or her.
Penalty for Evading Arrest in Texas
An evading arrest penalty is usually a Class B Misdemeanor, but there are circumstances that can result in the charges against you being enhanced. If you use a vehicle to evade arrest, you may be charged with a State Jail Felony. Additionally, if you have been previously convicted of evaded arrest in a vehicle and do so a second time or if someone is harmed while you are fleeing a peace officer, you may be charged with a 3rd Degree Felony. Furthermore, if anyone is dies in the process of you fleeing a peace officer, you may be charged with a 2nd Degree Felony.
Definition of Resisting Arrest in Texas
In Texas, a person commits resisting arrest, search, or transportation if he or she intentionally prevents or obstructs a person he or she knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
Penalty for Resisting Arrest
The penalty for resisting arrest is generally a Class A Misdemeanor. However, if you use a deadly weapon to resist arrest, you may be charged with a 3rd Degree Felony.
Defending Evading and Resisting Arrest Charges in Texas
When your future and freedom are on the line, you need a criminal defense attorney that is familiar with the complexities of the crime for which you have been charged. Facing charges for evading arrest or resisting arrest, search, or transportation is a serious matter than can affect the rest of your life. Mark O’Bryan understands the stress and uncertainty you are dealing with, and he cares about you and your future. Mark O’Bryan will thoroughly investigate your case and analyze your legal options to ensure the most favorable outcome available to you.