From the Defense Attorneys at Eskew Law
If you or a loved one has been charged with evading arrest or detention in Texas, you may be feeling overwhelmed and unsure of what comes next. Even if the incident seemed minor, these charges can carry serious consequences—including jail time, fines, and a permanent criminal record.
At the Edgett Law Firm, we specialize in defending clients against a wide range of criminal charges, including evading arrest. Here’s what you need to know about this offense, your legal rights, and how we can help.
What Is Evading Arrest in Texas?
Under Texas Penal Code § 38.04, a person commits the crime of evading arrest or detention if they intentionally flee from a peace officer or federal special investigator who is attempting to lawfully arrest or detain them.
In simpler terms: if an officer tries to stop or arrest you and you knowingly run, hide, drive away, or otherwise try to escape—that’s considered evading arrest.
Common Examples of Evading Arrest
- Running away from police during a traffic stop
- Driving off when an officer signals you to pull over
- Escaping from a detention scene on foot
- Refusing to stop when being approached with flashing lights or verbal commands
Important: This Is Different from Resisting Arrest
While the two charges may sound similar, resisting arrest involves using force or violence to prevent an officer from making an arrest. Evading arrest, on the other hand, simply involves fleeing or attempting to avoid detention—even without physical resistance.
Penalties for Evading Arrest
The seriousness of the charge depends on how the person evaded law enforcement and whether it’s a repeat offense.
On Foot (First Offense)
- Class A Misdemeanor
- Up to 1 year in jail
- Up to $4,000 in fines
In a Vehicle or Watercraft
- State Jail Felony
- 180 days to 2 years in state jail
- Up to $10,000 in fines
With a Prior Conviction or Resulting in Injury/Death
- Third-Degree or Second-Degree Felony
- 2 to 20 years in prison (depending on circumstances)
- Significant fines and long-term consequences
Defending Against Evading Arrest Charges
At Eskew Law Firm, we carefully examine the facts of every case. Some common defenses include:
- You didn’t know the person was a law enforcement officer
- No legal basis for the attempted arrest or detention
- Misidentification – you weren’t the person who fled
- No intent to evade – you didn’t realize you were being pursued
- Emergency situation – there was a justifiable reason for your actions
The prosecution must prove that you knowingly and intentionally fled. If there is doubt about that, we will work aggressively to get your charges reduced or dismissed.
Why You Need an Experienced Criminal Defense Attorney
Evading arrest charges may seem straightforward, but they’re often complex. A conviction can seriously affect your life—impacting employment, housing, licensing, and your freedom.
Our attorneys know how to:
- Challenge weak or unconstitutional stops
- Suppress evidence obtained unlawfully
- Negotiate for reduced charges or diversion programs
- Take your case to trial when necessary
Don’t Run from the Problem—Run Toward a Solution
If you’ve been charged with evading arrest, time is not on your side. The earlier you speak to a lawyer, the better your chances of building a strong defense.
Call the Edgett Law Firm at 972-424-0760. Schedule a Free Confidential Consultation Today
Edgett Law Firm – Protecting Your Rights, Your Record, and Your Future.