Potential Defense To An Evading Arrest Charge In Texas

Lake Dallas law enforcement recently identified and arrested the lone suspect in a car crash that occurred at a local bar on West Hickory Street. The crash occurred after a chase between the man and law enforcement who attempted to stop him several times. The pursuit progressed through the towns of Lake Dallas, Shady Shores, and Corinth before passing through Denton where the man’s vehicle collided in the patio area of a restaurant near the University of North Texas Campus. The man in question was charged with evading arrest with a vehicle, evading arrest on food, and driving with a suspended license with a previous conviction or suspension. Fortunately, no injuries were reported from the accident. The man was booked into the Denton County Jail where he is currently held on these charges with a bond established.

The Differences Between Evading Arrest and Resisting Arrest

Many individuals are confused about the difference between resisting arrest and evading arrest. Resisting arrest occurs when a defendant attempts to interfere with a law enforcement officer’s duty. These cases can result in individuals facing either felonies or misdemeanors. In most cases, felony arrest is reserved for individuals who take violent action against an arresting officer. Some cases of resisting arrest includes engaging in violent action against a law enforcement, preventing a police officer from handcuffing you, refusing to provide identification to law enforcement, or struggling against a law enforcement officer who is trying to arrest you. Evading arrest, however, frequently means running away from a law enforcement officer or a law enforcement officer who is headed in a person’s direction. Other types of evading arrest include avoiding a travel ban by falsifying an official document.

The Penalties for a Conviction of Evading Arrest

The exact penalties that a person will face for an evading arrest charge varies based on a defendant’s criminal record. It is important that individuals understand the various elements involved in an evading arrest charge. A charge of evading arrest is a Class A misdemeanor if a person did not use a vehicle. Using a vehicle or a repeated charge of evading arrest will result in a felony. Repeat offenses or cases involving a vehicle or another party being injured during a first arrest evasion result in a third degree felony. In cases where a person is killed due to evading an arrest, a person can expect to face a second degree felony.

Contact an Experienced Denton Criminal Defense Attorney

Evading arrest is a type of charge that must be taken very seriously in the state of Texas. Because evading arrest can create a significant legal obstacle for individuals, if you are charged with a criminal offense in Denton or the surrounding area of Texas, it is an extremely wise idea to obtain the assistance of a tough criminal defense lawyer. Contact a criminal defense lawyer at Wheeler Law Office today to make sure that you have a tough criminal defense attorney fighting on your side in this difficult time.

(image courtesy of Bethany Legg)