A misdemeanor evading arrest charge might not seem like a huge deal at first glance – it is ‘just’ a misdemeanor, after all. It may even stem from a simple ‘misunderstanding’ that you believe you can easily explain in court – the police were talking to you but didn’t clearly state that you were being arrested or detained, so you attempted to leave and consequently got charged with misdemeanor resisting arrest.
However, factor in this – while a misdemeanor, an evading arrest charge is a class A misdemeanor. If convicted, you could be facing up to one year in county jail and a fine of up to $4,000. On top of that, that misdemeanor is now on your record so the next time a similar ‘misunderstanding’ happens, the charges could be enhanced to a felony. Plus, it is not unheard of for evading arrest charges to be used as an intimidation tactic, so it is very plausible you could be facing them again in the future.
When you factor all of this in, do you believe it is wiser to attempt to resolve the situation on your own or hire the best lawyers for evading arrest in Texas? At M|C Criminal Law, we worked as prosecutors before we became criminal defense attorneys so we have intimate knowledge of the tactics that could be used against you and how to defend you against misdemeanor evading arrest charges. Don’t risk your future – contact us today for expert legal representation.
Misdemeanor evading arrest is governed by Texas Penal Code §38.04(a); it states that “A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.” It is also important that:
In these cases, a resisting arrest or detention charge could be enhanced to a state jail, third-degree, or second-degree felony, depending on the specific combination of circumstances. If this is the case, we also provide legal defense for felony resisting arrest and detention charges.
Additionally, misdemeanor resisting arrest is also found in the Texas Transportation Code §545.421; it is termed ‘Fleeing or attempting to elude police officer’ and states that “A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.” Under this section, the offense could be classified as a class B or class A misdemeanor.
You could be prosecuted under either or both of these statutes and other related charges, such as resisting arrest, could be added. However, it is important to know that the prosecution must prove all of the elements of their case, including:
This can form the basis for our defense against a resisting arrest charge.
There are multiple strategies we can and have used successfully to help our clients defend against evading arrest charges. We may attempt to demonstrate:
All of these strategies may be used to get evading arrest charges dismissed or to defend you in trial. We can also negotiate a plea deal on your behalf to bring down the charges to less severe ones.
However, we need to know the exact details of the case and do our own investigation before we can create the best possible defense strategy. For that, you need to contact us to explain your situation. Do so as soon as possible and let’s start building a defense.
