Denton, TX Evading Arrest Defense Attorney
Helping Clients Facing Evading Arrest Charges in Texas
The Fourth Amendment of the United States Constitution protects individuals from unreasonable search and seizure by law enforcement officers. However, there are situations in which the police do have the right to detain or arrest you. For example, an officer can pull you over if they have reasonable suspicion you violated the law, and they can place you under arrest if they have probable cause you committed a crime. If you fail to cooperate with an officer’s request in these situations, you can be charged with evading arrest or detention under Texas law.
Evading arrest is a serious criminal offense with several possible penalties if you are convicted. The good news is there are many ways to defend against this type of charge with the help of the right Denton criminal defense lawyer. Contact the Law Office of Brent D. Bowen, PLLC, for assistance today.
The Offense of Evading Arrest
If officers allege that you tried to avoid arrest, you could face different charges under Texas law, such as hindering apprehension or prosecution as well as resisting arrest. Evading arrest is a separate offense with its own element and requirements for the prosecution. To convict you of this charge, the prosecutor must prove the following:
- The arrest or detention was permissible under the law
- You had the intention to evade police officers attempting to arrest or detain you
Some people are accused of evading arrest on foot or in a vehicle, and the charges and penalties can be more severe if you were in a vehicle. Charges you might face for this offense include:
- Class A misdemeanor charge for evading arrest on foot
- State jail felony charge for evading on foot if have a prior conviction
- Third-degree felony charge for evading in a vehicle and having a prior conviction, or if someone was seriously injured because of the evasion, Or you use a tire deflating device against the officer
- Second-degree felony charge if someone died because of the evasion, such as a fatal crash due to a high-speed chase, or suffers someone suffers serious bodily injury from the use by the person fleeing of a tire deflation device
The penalties for convictions can involve fines, probation, or jail time. In addition, most people facing charges of evading arrest are also charged with the underlying crime for which the arrest was intended. You want an attorney who can defend against all of your pending charges.
Criminal Defense Representation You Can Trust
There are different ways to defend against evading arrest charges, depending on the circumstances of your individual case. Some common defense claims include:
- The arrest or detention was not allowed under the law
- You did not have the intent to evade the police
- Challenging the police officer’s version of what happened
Many evasion charges can be dismissed with the right defense or you can have your penalties reduced.
Speak with an Experienced Denton, TX, Evading Arrest Lawyer Today
If you are accused of any crime, your first call should be to the Law Office of Brent D. Bowen, PLLC. We defend against evading arrest charges, so please call 940-222-2488 or contact us online today.