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.
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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.
