Fleeing from law enforcement in Texas, whether out of panic, confusion, or fear, can quickly escalate into a serious legal matter. What might start as a misdemeanor can turn into a felony evading arrest charge under certain circumstances, leaving you facing severe penalties, including years in prison and a criminal record that follows you for life.
If you’ve been accused of felony evading arrest or detention, the stakes are high, and navigating the legal process alone can feel overwhelming, with a minimal chance for a good outcome. At M|C Criminal Law, we are here to fight for your rights, protect your freedom, and help you move forward with confidence.
Evading arrest or detention is outlined in the Texas Penal Code, Section 38.04; a person can be charged with evading arrest if they intentionally evade someone that they know is a police officer or special federal investigator who is lawfully trying to arrest or detain them. For a successful conviction, the prosecution must prove all of these key elements, including:
It is important to note that an evading arrest charge in Texas does not require physical resistance, such as pushing a police officer before escaping or engaging in any type of physical struggle. When physical resistance is involved, it becomes a separate offense – resisting arrest or detention. A person can be charged with both resisting and evading arrest for the same event.
An evading arrest charge is typically classified as a misdemeanor, but it can be enhanced to a felony if certain conditions are met. Specifically, it becomes:
Thus, evading arrest or detention with a prior conviction for this offense automatically becomes a felony. The same applies if a vehicle, watercraft, or tire inflation device is used. An evading arrest charge is also elevated to a felony if it leads to serious bodily injury or death.
Sanctions for a felony evading arrest charge are far more severe than those for a misdemeanor charge and can lead to life-altering consequences, including substantial jail time, steep fines, and a permanent criminal record.
In addition to these penalties, courts may impose restitution, requiring the defendant to compensate victims for damages or losses caused during the incident. Felony convictions also come with long-term collateral consequences, such as difficulties securing employment, housing, or professional licenses.
Because of these consequences, it is clear that securing experienced legal representation is essential if you are facing a felony evading arrest charge.
To convict someone of felony evading arrest or detention, the prosecution must first establish all elements of the base offense – intentional evasion of a peace officer or federal investigator who is lawfully attempting to arrest or detain them. To elevate the charge to a felony, they must also prove the additional elements, such as the use of a vehicle, prior convictions, or that the evasion caused serious bodily injury or death.
At M|C Criminal Law, our evading and resisting arrest attorneys will examine every aspect of your case to identify weaknesses in the prosecution’s argument and develop a defense strategy tailored to your circumstances. Depending on the facts of your case, possible defenses could include:
Our team also investigates procedural errors, such as violations of your constitutional rights during your arrest or the mishandling of evidence, to further strengthen your defense. M|C Criminal Law provides aggressive, results-oriented representation for individuals facing felony evading arrest charges in Texas.
As former prosecutors, we have a deep understanding of how the state builds its cases and use this knowledge to protect your rights and secure the best possible outcome. If you or a loved one are facing serious charges, contact us today to discuss your case and take the first step toward safeguarding your future.
