Evading Arrest

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.

To fight fight an evading case, you need an attorney that knows how to defend against these accusations. More importantly, you need an attorney with a track record of success. Do not take a deal until you consult with an experienced top Texas attorney about your options and defenses.

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The following is the direct section of the code, Section 38.04 of the Texas Penal Code. Notice the difference between evading on foot vs. 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 **

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How we fight Evading Arrest Cases & WIN

Attorney Tristan LeGrande scrutinizes the facts and evidence for your case and formulates a plan of attack. The focus in these types of cases is on whether the person 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 focuses 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.

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YOU NEED AN AGGRESSIVE DEFENSE

Our criminal defense law firm takes all cases very seriously.  Whether it is a felony allegation involving a motor vehicle, or misdemeanor (on foot), we will zealously defend your case. Its your freedom at stake, hire a lawyer with a track record of winning evading cases for his clients.