Evading and Resisting Arrest

Legal counsel from a criminal defense attorney in Denton, TX

The Texas Legislature created the following two criminal statutes to criminalize flight from a law enforcement officer:

  • evading arrest or detention
  • fleeing and attempting to elude a police officer.

A driver commits the offense of fleeing and attempt to elude a police officer if he “willfully fails or refuses” to stop the vehicle or flees, “or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.” See § 545.421(a) of the Texas Transportation Code, as the elements for evading arrest or detention in a motor vehicle are slightly different.

An Evading Arrest charge is usually paired with whatever criminal offense the accused was suspected of committing, such as:

  • Theft
  • Robbery
  • Aggravated Assault
  • Domestic Violence
  • Drug Possession
  • Drug Dealing
  • Murder
  • Manslaughter

Evading Arrest or Detention

In order for the prosecutor to prove the crime of evading arrest or detention under Statute Section 38.04 of the Texas Penal Code, the prosecutor 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.

The crime of evading arrest or detention can be increased from a Class A misdemeanor to a Texas jail felony if the prosecutor proves that the defendant used a vehicle while evading arrest. See Texas Penal Code § 38.04.

Finding an Attorney in Denton for Evading Detention or Arrest

If you have been charged with the criminal offense of evading detention or arrest, then you will need to contact an experienced criminal defense lawyer in Denton, Texas.




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