Evading and resisting arrest are both serious offenses in Texas that are typically classified as misdemeanors but can be elevated to felonies, with sanctions that include significant jail time. A person is often charged with both in conjunction and it is not unheard of for these charges to be baselessly used as intimidation tactics. However, the prosecution needs to prove the elements of both charges beyond a reasonable doubt to secure a conviction. Our experienced resisting arrest and evading arrest lawyers know the best defense to use.
Whether it is acquiring a dismissal, defending you in court, or negotiating for lower charges on your behalf, there is always something to be done. A good evading and resisting arrest attorney knows which course of action has the highest chance of success and will skillfully guide you through this process. The best resisting and evading arrest lawyers also have intimate knowledge of the local court system and its intricacies. That is what we offer at M|C Criminal Law – the best criminal defense lawyers in Dallas, Texas.
| Evading Arrest Categories and Enhancements | Resisting Arrest Categories and Enhancements |
| Class A misdemeanor | Class A misdemeanor |
| State jail felony | / |
| Third-degree felony | Third-degree felony |
| Second-degree felony | / |
The base offense of evading arrest is classified as a class A misdemeanor in Texas with a penalty of up to one year in prison and a fine of up to $4,000. For a conviction, the prosecution must prove that the accused intentionally fled from a person they knew to be law enforcement who was attempting to lawfully arrest or detain them. There are multiple elements the prosecution needs to prove independently: 1. the intentional flight, 2. from a person they knew to be law enforcement, 3. while they were attempting to perform a lawful arrest or detention. Disputing any of these elements is a valid defense. Our evading arrest lawyers have the experience to know which element to target.
Evading arrest can be enhanced to a state jail felony, with sanctions ranging from 180 days to 2 years in jail and a fine of up to $10,000, a third-degree felony, with sanctions ranging from two to 10 years in prison and a fine of up to $10,000, and a second-degree felony, with sanctions ranging from two to 20 years in prison and a fine of up to $10,000. The charges can be enhanced to felonies if you used a motor vehicle or watercraft in the commission of the offense, had previous convictions, or another person suffered serious bodily injuries or died as a result of the evading. However, just as with the base charge, all elements need to be proven beyond a reasonable doubt. Our evading arrest lawyers know how to dispute the charges.
If a person uses a motor vehicle or a watercraft in the commission of this offense, it can be enhanced to a state jail felony if nobody was injured and you have no prior convictions. With prior convictions, the charge can be enhanced to a third-degree felony, while serious bodily injury or death can enhance the charge to a second-degree felony. These are all serious charges and you risk your future if you try to fight them without the best evading arrest attorneys on your side.
If you have a previous conviction, a class A misdemeanor charge of evading arrest is automatically enhanced to a state jail felony, with a penalty ranging from 180 days to 2 years in jail and a fine of up to $10,000, if nobody was injured and no vehicle was used. The previous conviction on your record cannot be disputed, however, the other elements can be or a plea bargain can be negotiated for a lesser sentence. Our evading arrest lawyers will advise you on the best course of action in your situation.
Resisting arrest can be physical, verbal, and even passive resistance that has the purpose of preventing an individual they know is a law enforcement officer from arresting, searching, or transporting an individual. Resisting arrest is typically a class A misdemeanor, however, it can be enhanced to a second-degree felony if a deadly weapon was used. That an arrest was unlawful is not a basis for a defense in Texas, but there are many other valid defenses that can be employed. Many of the elements depend on the officer’s interpretation of events and the prosecution must prove that the accused actions directly caused the officer’s inability to perform their duties. These are all factors an experienced resisting arrest attorney can use for your benefit.
The resisting and evading arrest lawyers from M|C Criminal Law have worked for the Prosecutor’s Office before becoming criminal defense lawyers.
We know when the best course of action is to fight the charges, and how to do it, and when to enter into a plea agreement, and how to negotiate it. Our attorneys have extensive experience in defending clients from all categories of resisting and evading arrest accusations and we will employ all the resources at our disposal to get the best possible outcome.
Kendall is an extraordinary attorney with great legal knowledge, experience, common sense and judgement. The quality of Kendall’s character is equally outstanding. He deeply cares about his clients and doing the very best for them. Kendall was an invaluable counsel and resource in in our difficult domestic child abuse case. I am honored to know
Messina Madson is the greatest!! She not only knows the law in and out, but truly cares for her clients. Messina was up front and honest about everything happening throughout my case. I spoke to Messina for the first time while I was in jail and thought I had zero chance of getting out on
My loved one had a very serious charge, and I wanted to do everything I could to make sure he got the best outcome possible. After almost a year, the plea deal stayed the same, and I was frustrated. Also getting his bond reduced was denied over and over. Someone I work with told me
When I first learned I needed a defense lawyer for some very serious charges I was lost and scared, and feared the worst. I saw my life spinning out of control with the possibility of losing everything and even jail. I had never needed a lawyer and didn’t know who to turn to. Kendall Castello
Yes, one of the elements of the evading arrest offense is that the attempted arrest must have been lawful, thus, fleeing from an unlawful arrest is a valid basis for defense.
No, under Texas Penal Code Section 38.08, Subsection (b): ‘It is no defense to prosecution under this section that the arrest or search was unlawful.’ Thus, the lawfulness of the attempted arrest is not an important element, however, there are many other defenses that can be employed.
Yes, under Texas law, a person can be charged with both evading and resisting arrest and other accompanying crimes, such as assault. However, that does not mean all charges can be successfully prosecuted if one of them can.
