Evading Arrest Attorney in Houston: Brazoria, Ft. Bend, Galveston, Harris & Montgomery Counties
When a person flees from a law enforcement official who is attempting to arrest them, they may face an evading arrest charge. A charge of evading arrest can also be made if a person somehow attempts to prevent law enforcement officers from carrying out an arrest.
In most cases, a charge of evading arrest can amplify or worsen the penalties for the crime that caused the initial arrest attempt.
What is Evading Arrest?
In most situations, a person can be charged with evading arrest if they attempt to flee the law enforcement officers who are attempting to arrest them. Whether they flee on foot, in a motor vehicle or by some other means, they may still be found guilty of evading arrest.
Also, if a person intentionally hides their identity or forges documents that restrict their ability to perform certain activities, such as travel, they may be charged with evading arrest. This is because the person would have been committing a criminal offense if they were acting under their own name and identity.
Evading Arrest Penalties
In general, punishments for evading arrest are based on the specific circumstances of the evasion, the criminal history of the person being charged, the manner in which they attempted to flee and whether or not anyone was injured during the evasion attempt. Here are a few examples:
- A first offense for evading arrest by fleeing on foot is usually classified as a class B misdemeanor. This offense is punishable by up to 180 days in jail and up to $2000 in fines.
- Evading arrest by fleeing in a motor vehicle without any prior convictions is a state jail felony, punishable by up to two years in state jail and $10,000 in fines.
- A person who evades arrest by fleeing in a motor vehicle and who also has prior convictions can be charged with a third-degree felony. Also, if another person is injured during an evasion attempt, the person who flees can face a third-degree felony. This charge can be punished by up to 10 years in prison and a fine of up to $10,000.
Defending Against Evading Arrest Accusations
There is some legal recourse for defending against an evading arrest charge. An evading arrest attorney may try to prove that the defendant had sufficient reason to believe that the person attempting to engage the arrest was not a peace officer. Also, an evading arrest lawyer might argue that the defendant was leaving the scene for an unrelated reason.
Contact an Evading Arrest Attorney in Houston, TX
For more information about evading arrest cases, talk to Greg Tsioros at (832) 752-5972.