When a law enforcement officer proceeds to detain or arrest you for a potential crime, it’s hard not to feel frightened or confused. You may also be unaware of the situation or the fact that a police officer is pulling you over. There are a wide variety of reasons an individual may decide to evade or avoid being arrested or detained. Regardless of the reason, a police officer may charge you with evading an arrest, and you may suffer severe consequences.
If you find yourself with an evading arrest & detention charge in Texas, speak with Sophia C. Martinez. Offering her services in both English and Spanish, you can feel comfortable discussing your concerns and fears. She understands the challenges you may face and will provide you with knowledgeable legal advice and guidance throughout the process.
What Is Texas’ Law on Evading Arrest & Detention?
When a person evades an arrest or detention, they violate Texas Penal Code § 38.034, which states that a person who intentionally flees from someone they know is a police officer attempting to arrest or detain them lawfully. It’s crucial to note that the individual must know the person arresting them is a police officer and intentionally flee an arrest or detention to fall under this charge.
The penalties that a person may face after evading an arrest and detention include:
- Committing the crime on foot: Classified as a class A misdemeanor and is punishable by up to one year in county jail and up to $10,000 in fines.
- Having a prior evading an arrest conviction: Classified as a state jail felony and is punishable between 6 months to 2 years in jail and up to $10,000 in fines.
- Committing the crime in a vehicle: Classified as a third-degree felony and is punishable between 2 to 10 years in prison and up to $10,000 in fines.
- Committing the crime in a vehicle and causing death as a direct result of officer attempting to apprehend the individual: Classified as a second-degree felony and is punishable between 2 to 20 years in prison and up to $10,000 in fines.
Evading an arrest and detention is a serious crime that comes with harsh punishments. If you are facing these charges, contact a legal representative as soon as possible. They will be able to provide you with options for fighting possible punishments and building your defense strategy.
3 Defense Strategies for Evading Arrest & Detention in Texas
Many individuals either are unaware of the arrest or panic when a police officer attempts to detain them. In order to provide you with the best possible legal representation, your lawyer will build your defense using specific strategies, including:
Unidentified Police Officer
If the officer was driving an unmarked police vehicle or was wearing plain clothing, you may feel unsafe and unsure whether the police officer is authentic and an actual agent. They may not have properly identified themselves, and you were not aware that you were dealing with law enforcement until they were detaining you.
Unlawful Arrest Attempt
An unlawful attempt to arrest an individual does not qualify for evading an arrest charge because the initial reason for arresting the individual did not fall under legal jurisdiction. A supplemental charge must accompany an evading an arrest or detention charge which notes why the officer attempted to arrest you.
Necessity
It may be a defense to evading if the action was for the purpose of saving your life or the life of another.
Any of the above defense strategies may succeed in defending you to a judge. If you have no prior charges or convictions, you may easily avoid any severe consequences with the representation of a professional legal representative.
Why Contact an Experienced San Antonio Defense Attorney?
Representing yourself in an evading arrest and detention case may place you and your rights at risk. Presenting evidence, arguing your defense, and understanding the legal process are challenging to those unfamiliar with the law. A defense attorney will provide you with their knowledge and guidance throughout your case, as well as offer you the following services:
- Developing a defense strategy
- Answering case-related questions
- Conducting a thorough investigation
- Analyzing legal documents
- Reviewing any potential legal complications
- Negotiating possible sentences
- Guiding you through the legal process
No one should have to fight an evading arrest and detention charge alone. Having someone on your side to protect you and keep you informed significantly increases your chances of a successful case.
Discover a Dependable Texas Defense Attorney at Sophia Martinez Law
There’s a lot that goes into an evading arrest and detention case. The complicated processes and possible legal issues create a dangerous situation for those without dependable legal representation. Working with our team at Sophia Martinez Law means having a compassionate and hard-working lawyer on your side.
Former Assistant District Attorney Sophia C. Martinez has over 25 years of experience protecting clients’ rights across Texas. Her knowledge, experience, connections and resources allow for a smooth and successful criminal defense process. Learn about how she can assist with your case by calling (210) 226-3000 or filling out our contact form today.