What happens if you evade arrest

The Law Office of Brent D. All convictions come with consequences that can negatively impact your life in many ways, so you want to present the strongest defense possible in every case. You want to have an experienced Frisco criminal defense lawyer protecting your rights, so please do not wait to call or contact us online for a consultation.

Call - The Difference Between Evading and Eluding Arrest When a police officer turns on his lights to stop your vehicle or tries to detain you on the street, it is always wise to cooperate. If you are accused of evading arrest , you could face one of the following charges and possible penalties for a conviction: State jail felony charges with a possible days to two years in jail Third-degree felony charges with a possible two to ten years in prison Second-degree felony charges with a possible two to 20 years in prison The degree of charge and potential penalties will depend on several factors, such as whether you were in a vehicle, whether anyone was injured as a result of the fleeing, and whether you have prior convictions of this offense.

This offense can be either of the following depending on the alleged conduct of the eluding driver: Class B misdemeanor charge, which can result in days in jail Class A misdemeanor charge, which can result in one year in jail There are ways to defend against both evading arrest and eluding arrest allegations, and the best way to know your available offenses is to have an experienced criminal defense lawyer in Texas assess your case and your options.

About the author. Recent Posts. Do not make any sudden movements and keep your hands visible at all times. Resisting arrest can endanger you and result in charges against you, even if the original arrest or stop was invalid. Disobeying an officer, running away, or resisting arrest can only get you in more trouble.

If you are charged with evading arrest, you should contact a criminal defense attorney immediately. A local attorney will know the law in your state and will also be able to tell you how your case is likely to be treated in court. Some judges and prosecutors are lenient, while others can treat you harshly. An attorney will be able to help you understand the criminal justice system and prepare the best arguments in your case so that you can achieve the best outcome.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.

Market Your Law Firm. Lawyer Directory. Call us at 1 Evading Arrest on Foot. Arrest and detention Flight is not a crime unless the defendant has been detained or arrested. Invalid arrests and detentions In order for an arrest to be valid to hold up in court , the officer must have a warrant or, lacking a warrant, reason to believe that the person has committed a crime and a legally-recognized justification for not obtaining a warrant.

Law Enforcement Officers Under the laws in most states, "police officer" is defined broadly. Evading arrest or obstruction of justice can be committed against a variety of law enforcement officials, such as: police officers, including transit officers and university police sheriffs officers, and correctional officers. Official Duties In most states, the crimes of evading arrest, resisting arrest, and obstruction can be committed only when the officer is performing official duties or acting as a police officer.

Knowingly In most states, in order for the crime of obstruction of justice to be committed, the defendant must know or have reason to know that the victim is an officer and is performing the duties of an officer.

Punishment for Evading Arrest Punishment varies depending on the state and the circumstances of the offense. Factors that might make evading arrest a felony include: a defendant's prior convictions for flight, resisting arrest, or obstruction any injury to a bystander or officer, whether the injury is directly caused by the defendant or caused by an officer in pursuit of the defendant, and behavior that creates a risk of death or serious injury.

It could be charged as a misdemeanor or a felony depending on how dangerous the actions of the driver were. Evading arrest is a misdemeanor in California unless aggravating factors exist—in which case, you could be charged with "felony reckless evading.

In some cases, the state could also have your vehicle impounded for up to 30 days. While the crime of evading arrest is usually prosecuted as a misdemeanor, you could face felony charges if aggravating factors are present in your case. According to California Vehicle Code This could include actions like running through several red lights or stop signs in an attempt to flee from the police.

A Los Angeles criminal defense lawyer at Stephen G. We have helped numerous clients fight arrest evasion charges in the past, and we are ready to do the same for you. Our firm has several decades of experience exclusively dealing with criminal defense , and our reputation for top negotiation skills can help to protect your rights. Call now to set up your free initial consultation with our firm.