Evading Police In A Vehicle In Texas
Evading Arrest In Texas
Not everyone pulls over when a police officer initiates a traffic stop. When a person fails to stop, it may either be because they did not notice the police siren in time. You may not stop in time if you are distracted by thoughts or maybe playing loud music or your senses may be impaired by weather conditions. But most of the time police officers charge people with evading arrest even if they explain the reason why they did not stop immediately.
An evading arrest charge carries serious consequences including serving time in a state jail. Contact an experienced criminal defense attorney if you evaded police by mistake. Don’t let an evading arrest charge destroy your future opportunities.
Consequences Of Evading Arrest In Texas
Is Evading Arrest A Felony In TX
Texas law defines evading arrest as intentionally fleeing from a person you know is a peace officer that is trying to lawfully arrest and detain you. Below are the penalties for evading arrest:
- Evading arrest while on foot is a class A misdemeanor punishable by a fine and up to a year in jail
- Evading arrest on foot while you have a prior conviction for a similar crime is a felony that can lead you
- Evading arrest while in a vehicle or water vessel is a state felony punishable by up to 2 years in a state jail or a fine or both.
- Evading arrest while on foot or while on a motorized vehicle with a prior conviction for evading arrest is a third-degree felony punishable by a fine and up to 10 years in jail
- If you harm a person while evading arrest or while fleeing from police, it is a third-degree felony punishable by up to 10 years in prison and fines
So, there is no scenario where evading arrest carries a penalty that is bearable. This means that you have to talk to a skilled and experienced criminal defense lawyer to help you build a solid case on your behalf.
Offenses That Are Related Evading Arrest
How To Beat An Evading Arrest Charge
Resisting arrest and hindering apprehension or prosecution are considered offenses that are related to evading arrest. Fleeing from the police and resisting arrest forcefully can lead to both an evading arrest charge and a resisting arrest charge. You may face both evading and hindering arrest or prosecution charges if you flee from police and hide evidence.
Proof The State Must Provide For Before An Evading Arrest Conviction
Is Evading Arrest A Felony In Texas
The state has to prove beyond any reasonable doubt that you intended to evade arrest or detention and that you were doing something illegal that made you evade arrest or detention. Proving intent to evade is important because sometimes people do not notice the police or mistake the police for criminals. But even if you intended to evade arrest, you cannot be charged for only evading arrest or detention.
The police must have seen you commit a crime for them to want to arrest or detain you in the first place.
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