Evading Arrest Texas

There are many cases where people run away from the police either on foot or by car. These include in traffic stops or when a police officer approaches a person because they look suspicious. You can be charged with evading arrest if you consciously flee from a police officer when the officer is trying to detain or arrest you. A criminal suspect is required to comply with the officer’s instructions and talk to the officer instead of fleeing. You can also be charged for evading arrest if you falsify your identity by altering an official document, or for avoiding a travel ban by falsifying an official document.

Penalties For Evading Arrest

The penalty you receive for evading arrest is determined by a number of factors. The following are different evading arrest situations with different penalties:

Evading arrest on foot may result in one year jail sentence and a fine of up to $4,000
Individuals with prior evading arrest convictions may receive a state jail felony conviction, which may come with a 2 year jail sentence and a $10,000 fine
If you cause injury when evading arrest while in a vehicle, you face a maximum punishment of 10 years in jail and a $10,000 fine
If you are evading arrest while in a vehicle and someone dies as a result, you face a 20 year jail sentence and a $10,000 fine

Your criminal history will also determine the penalties you face for evading arrest. Evading arrest while on foot is a Class A misdemeanor while evading arrest while in a vehicle and causing injury is a third-degree felony. If you cause a death while evading arrest in a vehicle, it is a second degree felony.

Defenses For Evading Arrest Charge

An experienced defense lawyer can help you avoid conviction by using the following defenses:

The police officer did not have any probable cause to stop you
The officer does not like you and is making false allegations against you
The officer was violent against you for no good reason which made you flee instinctively to avoid further injury
The police officer did not provide a reason for initiating the stop
Your vehicle’s condition caused a delay in making a stop
The officer did not issue a proper Miranda warning upon arrest
The officer was wearing street clothes or driving in an unmarked car when the officer was trying to stop you.

These are just some of the defenses that could damage the prosecution’s case. Any major error or mistake that occurs may lead to the dismissal of the case.

Steps To Take When Pursued By Law Enforcement

You need to let law enforcement arrest you when they are trying to detain or arrest you. Many people get arrested and end up not getting convicted for any crime. Fleeing the scene because you feel you are innocent will actually put you in more trouble than not fleeing. However, people usually run away from police officers because they are not usually thinking straight in those situations. You can always get the services of a seasoned defense lawyer to defend you in court.