Evading arrest defense
Houston evading arrest lawyers :: The Law Office of Matthew D. Sharp
The act of fleeing from a law enforcement official who is legally arresting or detaining a person is considered evading arrest, according to the Texas Penal Code. Although the most commonly known way to evade arrest is on foot or by vehicle, there are a variety of other scenarios that are charged the same way. One other example would be if a person attempted to use forged documents in an attempt to avoid travel restrictions.
Possible evading arrest penalties
Depending upon the circumstances in each particular case, there are multiple ways in which a person can be charged with this crime. Some of the charges can include:
- Class A misdemeanor: This charge is often given if this is the defendant’s first offense and no vehicle was used.
- Class B misdemeanor: This is the most common type of charge associated with this crime. This can bring sentencing of 180 days in jail and fines of no more than $2,000.
- State jail felony: Defendants who are charged with this type of felony have either been convicted of evading arrest before, or this is their first offense and a vehicle was used to get away.
- Third-degree felony: Defendants who have previously been convicted of this crime and used a vehicle will often receive a third-degree felony. This charge is often also used if another person was injured while the defendant was evading arrest.
- Second-degree felony: This is the most serious felony for this type of crime and is charged against a defendant if another person was killed while they were evading arrest.
Building a strong defense
Having strong, aggressive defense is the best way to avoid conviction. In the case of evading arrest, the defendant had to have knowingly avoided arrest or detention by a police officer. The prosecution must prove this to be the case beyond a reasonable doubt. A defense could be raised that a person was not aware that an officer was trying to arrest them, or the person did not reasonably believe the officer is a member of law enforcement. Arguments such as these can lead to a reduced sentence or dismissal of the charges altogether.
Call an evading arrest attorney in Houston, TX
The Law Office of Matthew D. Sharp has a long history of defending clients in criminal cases. They employ aggressive defense tactics that help their clients avoid unfair charges or sentencing.
