Evading Arrest or Detention occurs any time person intentionally flees from a person he or she knows is a peace officer. Texas Penal Code Sec. 38.04 classifies Evading Arrest or Detention on foot as a Class A Misdemeanor with a range of punishment from 0 days to 1 year in jail and a fine up to $4,000. The same statute classifies Evading Arrest or Detention in a motor vehicle as a State Jail Felony with a range of punishment from 180 days to 2 years in a State Jail and a fine up to $10,000. Other factors can cause Resisting Arrest to be classified as a Third or Second Degree. These include prior Evading Arrest conviction or causing serious bodily injury or death in the course of evading.
Fleeing is broadly defined in Texas as “anything less than prompt compliance with an officer’s direction to stop.” However, the length and manner in which a person is alleged to have fled from an officer may determine whether a judge or jury could conclude beyond a reasonable doubt that a defendant evaded an officer intentionally.
Evading Arrest or Detention is typically accompanied by at least one additional charge. The attorneys at Rosenthal & Wadas understand that individuals facing multiple charges or even a single criminal charge can feel overwhelmed and anxious. We dedicate our free consultations to helping alleviate these feelings by discussing the process and our approach to providing you the best defense possible. Contact our office today.