What is the Punishment for Evading Arrest in Texas?
In Texas, evading arrest is a serious offense that can lead to severe consequences, including fines, imprisonment, and even a criminal record. If you are arrested and charged with evading arrest, it is essential to understand the punishment and potential penalties you may face.
What is Evading Arrest in Texas?
Evading arrest in Texas is defined as attempting to flee or escape from a law enforcement officer who is attempting to arrest you. This can include speeding away from a police officer, jumping out of a moving vehicle, or engaging in any other behavior intended to evade capture. According to Texas Penal Code Section 38.03, evading arrest is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.
Degrees of Evading Arrest in Texas
In Texas, evading arrest can be classified into two degrees, depending on the circumstances of the offense:
- First-Degree Evading Arrest: This occurs when you intentionally flee or attempt to flee from a law enforcement officer who is attempting to arrest you, and you cause serious bodily injury to another person or damage property worth more than $2,500.
- Second-Degree Evading Arrest: This occurs when you intentionally flee or attempt to flee from a law enforcement officer who is attempting to arrest you, but you do not cause serious bodily injury or damage property worth more than $2,500.
Punishments for Evading Arrest in Texas
The punishment for evading arrest in Texas depends on the degree of the offense and your prior criminal history. Here are the potential punishments for evading arrest in Texas:
| Degree | Punishment |
|---|---|
| First-Degree Evading Arrest | 2-5 years in prison, fine of up to $10,000 |
| Second-Degree Evading Arrest | 1-2 years in prison, fine of up to $4,000 |
Enhanced Penalties for Repeat Offenders
If you have been convicted of evading arrest in the past, you may face enhanced penalties if you are charged with evading arrest again. These penalties can include:
- Longer prison sentences
- Higher fines
- More severe probation requirements
Defenses Against Evading Arrest Charges
If you are charged with evading arrest, there are several defenses you can use to contest the charges. These may include:
- Lack of probable cause: If the police officer did not have probable cause to arrest you, you may be able to argue that the arrest was unlawful.
- Entrapment: If you were induced or persuaded by the police to engage in the behavior that led to the arrest, you may be able to argue that you were entrapped.
- Self-defense: If you were in fear for your safety and believed you needed to flee from the police officer, you may be able to argue that you acted in self-defense.
Conclusion
Evading arrest in Texas is a serious offense that can lead to severe consequences, including imprisonment and fines. It is essential to understand the punishment and potential penalties you may face if you are charged with evading arrest. If you have been charged with evading arrest, it is important to consult with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense against the charges.
