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Evading Arrest In Texas: Felony Or Misdemeanor?
John D.
In Texas, evading arrest is a serious offense. Whether it is charged as a felony or a misdemeanor depends on the specific circumstances of the incident. State laws are strict, and the results can be serious. Understanding the nuances of these claims is important for everyone who faces claims of arrest.
What Is Evading Arrest?
Evading arrest refers to the act of intentionally fleeing or resisting regulation enforcement officials who are seeking to understand a person. Under Section 38.04 of Texas Penal Code, someone commits the offense of evading arrest if they deliberately flee from an officer while the officer is making an attempt to lawfully arrest them. This can consist of running, taking walks, or fleeing in a car. The regulation is designed to save your suspects from being arrested, making sure that regulation enforcement can perform their obligations correctly and accurately.
Evading arrest is a vast term and may cover various situations, including attempts to break out arrest by jogging away from officials or riding away in a car. Regardless of the approach, the underlying detail is the planned attempt to avoid being arrested.
Misdemeanor vs. Felony: Key Differences
To fully understand the severity of the arrest, it is necessary to know the difference between a misdemeanor and a felony charge in Texas. A misdemeanor is a low serious criminal offense, usually less severe punishment. The offsets are classified in three categories: Class A, Class B, and Class C, with Class A being the most serious.
On the other hand, a felony is a very serious crime. Felonies in Texas are punishable by more than a year imprisonment, often in state prison, and can also result in significant fines. Felonies are divided into categories of severity, such as state jail felonies, third-degree felonies, second-degree felonies, and first-degree felonies.
When a person is accused of a crime, the punishment depends on how the law classifies the crime in light of the situation.
When Is Evading Arrest A Misdemeanor?
Typically, evading arrest is charged as a Class A misdemeanor in Texas. This is the case when a person runs or tries to run away from a person acting as an officer attempting to arrest them, without any more serious circumstances or factors.
For example, if a person takes off running on foot from the police officer attempting to arrest them without anything else, like involvement of a vehicle or other aggravating circumstances, they will likely have a misdemeanor. Class A misdemeanors in Texas provide for a punishment of up to one year in jail and up to a $4,000 fine.
When Is Evading Arrest A Felony?
Although evading arrest is normally a misdemeanor, there are certain situations that can cause it to become a felony, one of those being when the person flees from police officers by vehicle.
Vehicle Usage
Under Texas law, evading arrest is considered a third-degree felony when a person flees from the police via vehicle. A third-degree felony in Texas can result in a prison sentence of 2 to 10 years and a fine of $10,000. The usage of a vehicle in the commission of an evading arrest charge poses additional danger, both because a high-speed chase can increase danger to law enforcement officers as well as to citizens, and high-speed chases that lead to dangerous driving place the officer and the citizen in an even more dangerous position.
If a person is caught fleeing from the police in a high-speed chase or in any other dangerous way when evading arrest, the penalties will be much greater.
Prior Crimes or Evasion History
One of the other factors that could enhance evading arrest for a felony charge would be the person’s prior criminal history. If a person has been caught previously for evading arrest or for related charges, they may face a harsher charge. Repeat offenders can be charged with more severe felonies for even a relatively mild evasion.
Factors That Can Impact The Charge
The details of the evasion can change the seriousness of the charge. Officers are trained to recognize signs of evasion, and in some cases, different actions at the time of arrest can change the charge from a misdemeanor to a felony.
The Use of Force
If a suspect actively resists arrest or engages in violent behavior while evading, they could face elevated charges. For example, if a person’s actions include fighting with the officer, using a weapon, or any form of violent behavior, the charge could be increased from a misdemeanor to a felony offense.
Using a Vehicle
As described earlier, if a person used a vehicle to evade, that person is generally charged with a felony. In Texas, for the purposes of evading arrest, the use of a vehicle is deemed a more serious crime because it threatens public safety. When a person uses a vehicle, that person can operate it recklessly, which means there is a much greater chance they could injure others.
Officer’s Actions
The behavior and actions of the law enforcement officers also play a role in this too. If the officer was trying to arrest a person and provided no probable cause or took improper actions to effect his arrest, then this may complicate the charge. However, this would not exonerate that person from casual criminal responsibility for fleeing.
What To Do If Charged With Evading Arrest
Being charged with evading arrest in Texas is a serious matter, and those facing such claims should seek legal advice immediately. The results of a penalty are serious, and the case should be handled carefully.
A criminal law attorney can help the lawyer arrest, review and ensure that the accused rights were maintained throughout the process. Lawyers with specialized knowledge in criminal defense can detect potentially legal defenses, negotiate plea agreements, and provide strong representation in court.
Defenses To Evading Arrest Charges
Numerous defenses are available to those accused of evading arrest in Texas. Some common defenses consist of:
- Mistaken Identity: Sometimes, people can be wrongly accused of evading arrest when they were not the intended target of the officer’s action. A defense lawyer could argue that the individual was in the wrong region at the wrong time.
- Lack of Knowledge: Sometimes, a man or woman may not have recognized that the police officer was looking to arrest them. If an officer didn’t discover themselves or the situation became unclear, the protection may additionally argue that the character had no intent to escape or stay away from.
- Unlawful Arrest: If the arrest becomes illegal or the officer has no probable cause, the defense may argue that the arrest itself is invalid and that the individual should not be charged with evading it.
To Summarize
Evading arrest in Texas is a serious criminal offense with different results based on circumstances. If a vehicle was used in theft work, it is an important factor in determining whether a crime is a misdemeanor or a felony. If you or an acquaintance is facing allegations of arrest, it is necessary to understand the severity of the allegations and seek immediate legal aid.
Are you facing evading arrest charges in Texas? Do not face the legal system alone. Contact an experienced criminal defense lawyer who can help you guide your rights and guide you through this challenging process.