Under Tex. Pen. Code § 38.04, individuals commit the offense of evading arrest or detention if they intentionally flee from a person whom they know is a peace officer or a federal special investigator who is attempting to lawfully detain or arrest them. Generally, evading arrest is a Class A misdemeanor, but it can become a felony offense when certain aggravating circumstances exist, such as:
· You have a previous conviction for evading arrest.
· You use a vehicle or watercraft to evade arrest.
· Another individual suffers serious bodily injury or death as a direct result by an officer or investigator to apprehend you while you were in flight.
In most cases, evading arrest charges arise from an individual who tries to run from police, whether on foot or in a vehicle. This offense also requires an element of intent; you must intentionally or knowingly flee the police in order to avoid being arrested.
What is the Difference Between Evading Arrest and Resisting Arrest?
On the other hand, resisting arrest pursuant to Tex. Pen. Code § 38.03 occurs when individuals intentionally prevent or obstruct a person that they know is a peace officer from carrying out an arrest, search, or transportation of them or another by using force against the peace officer or another individual. This offense is a Class A misdemeanor under Texas law, but it may rise to the level of a felony offense if you use a deadly weapon in order to resist the intended arrest or search.
The offense of resisting arrest coves a wider range of behavior than evading arrest, but usually involves some type of force or violence. For example, you might face resisting arrest charges if you try to prevent a police officer from handcuffing you, struggle when an officer tries to arrest you, or otherwise hit, kick, punch, or strike the officer to avoid being handcuffed or arrested.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 359-3362 to set up an appointment with our criminal defense attorneys today.