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EVADING ARREST OR DETENTION WITH A VEHICLE

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A routine traffic stop can quickly escalate into a serious criminal charge if you’re accused of evading arrest or detention with a vehicle (evading arrest/det w/veh). Whether out of confusion or desperation, fleeing from law enforcement in these situations can lead to severe consequences, including felony charges.

In Texas, this offense carries harsh penalties that can affect your future in profound ways. However, there are many effective defense strategies that can be employed to protect you against these charges. If you’re facing charges for evading arrest/det w/veh, it’s critical to have experienced legal representation on your side to protect your rights and challenge the prosecution’s case.

At M|C Criminal Law, we’re here to help.

About your situation

Understanding Evading Arrest/Detention with a Vehicle in Texas

Evading arrest or detention is defined as intentionally fleeing from a peace officer or special federal investigator who is attempting to lawfully arrest or detain you. When a vehicle or watercraft is used during the act of evasion, the offense is automatically elevated to a felony due to the increased danger to the public, law enforcement, and the accused.

To secure a conviction for evading arrest/detention w/vehicle, the prosecution must prove:

The accused intentionally fled from law enforcement;
The accused knew they were fleeing a peace officer or federal investigator;
The arrest or detention was lawful; and
A vehicle or watercraft was used in the commission of the offense.

Evading arrest/detention w/vehicle is generally classified as a state jail felony. However, the charge can be elevated to a third-degree felony if the accused has prior convictions for evading arrest or detention, or if serious bodily injury occurs. In the most severe cases, evading arrest can also become a second-degree felony if another person dies as a direct result of the evasion.

The Punishment for an Evading Arrest/Det w/Veh Charge

The penalties for evading arrest/detention w/vehicle in Texas are severe and can significantly impact your future. In Texas, a:

State Jail Felony is punishable by 180 days to 2 years in a state jail facility and fines of up to $10,000.

Third-degree felony is punishable by 2 to 10 years in prison and fines of up to $10,000.

In addition to incarceration and fines, courts may impose restitution to compensate victims for damages resulting from the evasion. It is also important to note that a conviction for evading arrest/detention w/vehicle carries collateral consequences beyond the courtroom. These may include difficulties securing employment, housing, or professional licenses, as well as a permanent criminal record that can affect every aspect of your life.

If the evasion results in the death of another person, the charge can escalate to a second-degree felony, leading to even more severe penalties. With so much at stake, it is critical to have an experienced defense attorney who can protect your rights and challenge the prosecution’s case. At M|C Criminal Law, we are here to help.

Defending Against Evading Arrest/Det w/Veh

If you are facing charges for evading arrest/det w/veh, an experienced criminal defense attorney can work to challenge the prosecution’s case and help protect your rights. There are several possible defenses that may apply, depending on the specific facts of your case. Some, but not all, potential defense strategies include:

Lack of Intent to Evade: For a conviction, the prosecution must prove that you intentionally fled from law enforcement. If you can demonstrate that your actions were not intentional (perhaps due to confusion, misunderstanding, or fear) the charge of evading arrest may not stand.
Unlawful Arrest or Detention: If the arrest or detention was not lawful, it can invalidate the evading arrest charge. For example, if the officer did not have legal grounds to stop or detain you in the first place, you may not be guilty of evading arrest or detention. A defense lawyer will investigate whether your constitutional rights were violated during the interaction with law enforcement.
Mistaken Identity: If the evidence suggests that someone else may have been driving the vehicle at the time of the evasion, it may be possible to challenge the identification of the individual involved. Lack of evidence proving that you were the driver can be a strong defense.
Insufficient Evidence: The prosecution must provide clear and convincing evidence that you were the one who used a vehicle to evade arrest. If there is a lack of physical evidence or witness testimony that links you to the offense, it can weaken the case against you.
No Knowledge of Law Enforcement: If you did not know that law enforcement officers were attempting to arrest or detain you (such as if they did not clearly identify themselves as law enforcement) it may be possible to argue that you did not have the required knowledge for an evading arrest charge.
Emergency Situation or Necessity: In certain cases, there may be a valid explanation for fleeing, such as a genuine fear for personal safety or being in an emergency situation. A defense lawyer can argue that you acted out of necessity, such as fleeing to avoid harm or danger.

An experienced attorney experienced in evading arrest/det w/veh will carefully examine every detail of your case, looking for flaws in the prosecution’s argument or ways to cast doubt on the evidence. However, you need lawyers who know the ins and outs of the law and how the Texas judicial system works in practice.

Let M|C Criminal Law’s Attorneys Protect Your Future

At M|C Criminal Law, we leverage our extensive experience to fight for your rights and work toward the best possible outcome for your case. Our evading and resisting arrest attorneys bring a unique perspective to defending clients in criminal cases. Having worked at the Prosecutor’s Office before transitioning into criminal defense, we understand the inner workings of the prosecution’s strategies.

This insider knowledge allows us to anticipate their moves and build a strong, tailored defense to challenge the charges against you. We are committed to examining every detail of your case and exploring all possible defenses to protect your future. With our experience, knowledge of the law, and insight into the Texas judicial system, we are well-equipped to provide the aggressive and effective defense you need.

If you or a loved one are facing charges for evading arrest/det w/veh, don’t wait – contact M|C Criminal Law today. Let us start working on your defense and take the first step toward securing a better future.

EVADING ARREST OR DETENTION WITH A VEHICLE