Denton Resisting Arrest Attorneys
Employing Aggressive and Strategic Approaches in Denton County
The Texas Legislature created the following two statutes to criminalize flight from a law enforcement officer:
- Evading arrest or detention
- Fleeing and attempting to elude a police officer
If you’ve been accused of either offense, reach out to Marsala Law Group. Our Denton resisting arrest defense lawyers will dedicate 100% focus to your case and seek an optimal result on your behalf.
How Can Someone Be Charged with Resisting Arrest?
Under § 545.421(a) of the Texas Transportation Code driver commits the offense of fleeing and attempt to elude a police officer if they “willfully fail or refuse” to stop the vehicle or flee, “or attempt to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.”
Evading Arrest Jail Time
Fleeing or attempting to elude a police officer is a Class A misdemeanor, punishable by a fine of up to $4,000 and/or a jail term of up to 1 year.
Texas Penal Code Evading Arrest
The elements for evading arrest or detention are enumerated in Texas Penal Code § 38.04. The statute provides that a person commits the offense when they “intentionally flee from a person [they] know” to be a law enforcement officer trying to arrest or detain them.
Typically, an evading charge is paired with the underlying criminal offense the accused was suspected of committing, such as:
For the prosecutor to prove the crime of evading arrest or detention under Statute § 38.04 of the Texas Penal Code, they must prove the following:
- The person who fled is the person who committed the crime;
- The defendant acted intentionally;
- The defendant fled;
- The defendant ran from another person that the defendant knew was a peace officer (police officer or other law enforcement);
- The law enforcement officer was attempting to arrest or detain the defendant;
- The attempted arrest or detention was legal.
Is Resisting Arrest a Felony in Texas?
Generally, evading is a Class A misdemeanor. However, it can be elevated to a state jail felony if the prosecution process that the defendant used a vehicle during the commission of the offense. The charge can be increased to a third-degree felon if someone else is injured during the incident.
Retain an Attorney in Denton for Your Resisting Arrest Charge
If you have been charged with evading arrest or detention or fleeing or attempting to elude a police officer, contact our experienced defense lawyers today. We provide skilled legal help in Denton County and the surrounding areas and will work tirelessly for you.
A.G. – Denton Misdemeanor Assault Family Violence Not Guilty
State presented seven eye-witnesses to dispute our claim of self-defense.
A.P.G. – Denton Aggravated Sex Assault of Child & 3 Counts of Indecency with a Child Not Guilty - Jury Trial
C.D. – Denton Felony Violation of Protective Order Case Dismissed
Dismissed and we are now suing the arresting agency.
Clay County-DWI 2nd and Resisting Arrest Dismissed
Dallas County - Felony Aggravated Assault with a Deadly Weapon Dismissed
Denton County - Felony Theft Dismissed
Denton County - Motion to Revoke Probation Reduced Charge
Dr. J.B. – DWI with Multiple Drug Charges Cases Dismissed
All drug cases dismissed as well as a subsequent DWI while the client was on Probation.
Dr. R.C. – Tarrant DWI Not Guilty
E.D.M. Denton Felony Assault with Priors Reduced to Misdemeanor Time-Served
Charge reduced; client served one day in jail.
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