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Evading arrest (or detention) is a serious offense in Texas. Whether you are charged with evading arrest on foot, or in a motor vehicle, the consequnces for conviction of evading arrest are serious. If convicted, you could face jail or prison time, fines, and collateral consequences relating to any property damage or injuries caused during the pursuit.
When fighting a evading arrest case, you need an attorney that knows how to defend against these accusations, and has a track record of getting evading arrest charges dismissed, and, clients being found not guilty at trial. Do not take a deal until you consult with an experienced top Texas attorney about your options and defenses.
EVADING ARREST CHARGE? CALL FOR FREE ATTORNEY CONSULT!
Evading Arrest – Footchase vs. Motor Vehicle – Why it Matters
In Texas, the law prohibiting evading arrest is found in Section 38.04 of the Texas Penal Code. The following is the law relating to evading arrest. Notice the difference between evading arrest on foot & evading arrest in a motor vehicle:
Sec. 38.04. EVADING ARREST OR DETENTION.
(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 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 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 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.
** The law changed on evading arrest in a motor vehicle in 2011; be careful – other attorney websites have outdated law! **
How we fight Evading Arrest Cases & WIN
Attorney Tristan LeGrande scrutinizes the facts and evidence for your case and formulates a plan of attack. In evading arrest cases, focus must be placed on whether intended to flee. The person must have had knowledge that an officer was behind them, and intentionally made the decision to flee. Next, LeGrande Law fouses on whether the officer had a lawful reason to detain or arrest someone. THIS IS CRUCIAL! If the officer did not have a lawful reason to detain or arrest you, it is an unlawful seizure of your person or vehicle for the police to stop your vehicle. No matter what happens after the chase, or what is found in the vehicle, if the stop itself is unlawful, the evidence of the stop, and the stop itself, can be suppressed.
CHARGED WITH EVADING ARREST?
YOU NEED AN AGGRESSIVE DEFENSE
Our criminal defense law firm takes all evading arrest cases very seriously. Whether it is an allegation of felony evading arrest ina motor vehicle, or misdemeanor evading arrest on foot, we will zealously defend your case. Its your freedom at stake, hire a lawyer with a track record of winning evading arrest cases for his clients.