Defending against Allegations of Evading Arrest in the Austin Area
While individuals in Texas and throughout the United States have the Fourth Amendment right to be free from unreasonable search and seizure, there are times when police officers have the lawful ability to arrest or detain you. If an officer has sufficient reasonable suspicion for a traffic stop or probable cause for arrest, you have the obligation to comply and cooperate. If you fail to do so, you can face additional charges of evading arrest or detention.
Evading arrest or detention is a serious offense, and a conviction can result in harsh penalties and a criminal record that can derail your life. You want to fight your charges in any way possible, so please contact the Austin criminal defense attorneys at Granger and Mueller PC for help.
What Constitutes Evasion in Texas?
There are several charges associated with trying to prevent an arrest, including resisting arrest and hindering apprehension or prosecution. Evading arrest or detention has its own elements the prosecutor must prove under Texas law, which are:
- You intended to evade the police, and
- The arrest or detention was lawful
Evasion can be on foot or in a motor vehicle, though the charges can be more serious if your evasion was in a car. Charges might include:
- Class A misdemeanor for evasion on foot with no prior convictions
- State jail felony if you have a prior conviction OR the alleged evasion was in a vehicle or boat
- Third-degree felony if you both have a prior conviction and the alleged evasion was in a vehicle or boat OR someone suffered serious injuries due to the evasion
- Second-degree felony if someone was killed due to the evasion, such as in a high-speed chase
As you can see, the charges can escalate, but jail time can be possible even for Class A misdemeanor convictions. To make matters worse, most people face this charge in addition to other charges for the crime suspected at the time of arrest.
Defending Against Your Charges
You want a skilled attorney who knows how to defend against both your evading charge and other charges you face. There are different ways to defend against evading an arrest, including:
- The arrest was not lawful
- You did not intend to evade, as you made a mistake or did not notice the police
Proving the police violated your rights or that the issue was a misunderstanding can be complicated, and you want the right legal representation as soon as possible following your arrest and charges.
Consult with Our Austin Evading Arrest Lawyers Right Away
When you have been charged with a crime, you want Granger and Mueller PC on your side. We defend against a variety of charges, including evading arrest. Our criminal defense team will closely evaluate the circumstances of your arrest to build the strongest possible defense. Please call 512-474-9999 or contact us online as soon as you can to get started and learn more about our services.