You’re driving down a familiar road when, suddenly, flashing lights fill your rearview mirror. You may have hesitated, unsure if the officer was after you, or perhaps panic kicked in, and you kept driving. Now, you’re facing a serious charge—evading arrest in a vehicle in Texas. Ouch, we all know Texas doesn’t play around when it comes to evading charges.
This crime is not the most well-known of charges, and you may have questions. What is evading arrest? What is the punishment for evading arrest in Texas? Is evading arrest a felony in Texas?
Under the circumstances, such fears are natural. This article will discuss:
- Vehicle seizure for evading;
- The charge of evading arrest in a vehicle;Â
- Potential legal consequences for evading; andÂ
- Mistakes to avoid if law enforcement charges you with this crime.Â
Can Law Enforcement in Texas Seize Your Vehicle for Evading Arrest in a Motor Vehicle?
If you are charged with evading arrest, and someone was injured during the incident, including yourself, you may have had your vehicle seized. This is possible under the forfeiture of contraband portion of the Texas Code of Criminal Procedure in Chapter 59.
The injury that took place classifies the evading as a “crime of violence” in Texas, which allows the prosecuting body to seize the vehicle, almost as if it were a weapon.
In certain situations, you can fight to get your vehicle back through a civil asset forfeiture case with a civil trial attorney. This is a separate legal case from the criminal charge of evading. Your best action is to immediately contest the asset forfeiture in writing, and explain why the vehicle was not being used as contraband.
There can be strict deadlines for this type of legal challenge, so make sure to consult with an asset forfeiture attorney immediately.Â
What Is Evading Arrest in Texas?
Evading arrest, especially in a vehicle, is more than a split-second mistake. Under Texas Penal Code § 38.04, evading arrest occurs when someone intentionally flees from an officer attempting to detain or arrest them lawfully. However, this reflects an act beyond merely running from law enforcement—it reflects a deliberate action to avoid arrest.
Officers are trained to identify when a person is attempting to evade, so even a moment of hesitation could lead them to believe you’re trying to illegally avoid arrest. Whether on foot or in a vehicle, Texas law treats evading arrest as a serious offense. Penalties escalate if you use a car in your attempt to flee.
Is Evading Arrest a Felony in Texas?
When evasion involves a vehicle, Texas law almost always treats it as a state jail felony or higher. This distinction is significant because felony charges carry longer jail terms and more severe fines than misdemeanors. The nature of the offense and your criminal history will play a significant role in determining the severity of the charges brought against you.
What About Repeat Offenders and Aggravated Circumstances?
The Lone Star State takes repeat offenses and aggravating circumstances seriously. If you’ve previously been convicted of a felony, any subsequent charges in a vehicle will most likely trigger the repeater statute. The repeater statute will increase your minimum felony punishment, depending on your previous convictions. If you have two or more convictions, you will be treated as a habitual offender in Texas. This is the highest enhancement statute in Texas and can drastically increase your punishment, depending on the facts of your case.
Additionally, if someone else is harmed during the evasion, it is considered an aggravating circumstance. Such aggravating factors can increase the degree of felony you are charged with, likely making your case a higher degree felony, and adding the possibility of civil lawsuits and restitution.
What Is the Punishment for Evading Arrest in Texas?
The punishment for evading arrest in Texas varies. Courts consider factors such as prior convictions, injuries caused, and whether a vehicle was used to evade law enforcement to determine the sentence.
If you attempted to evade police on foot, you may face a Class A misdemeanor charge, with potential penalties of up to a year in jail and a fine of up to $4,000. However, once a vehicle is involved, the potential penalties are higher, as follows.
State Jail Felony
A state jail felony charge can lead to the potential for 180 days to 2 years in a state jail facility and fines of up to $10,000. This level of felony applies when a vehicle is used, but the incident didn’t involve serious injury or past convictions for the evading individual.
Third-Degree Felony
For individuals with previous convictions for evading arrest, or if the evasion caused a serious bodily injury to another, penalties are 2 to 10 years in prison with up to a $10,000 fine.
Second-Degree Felony
If a death resulted during the evasion, penalties escalate to 2 to 20 years in prison with up to a $10,000 fine.
Given these potential outcomes, the stakes are high, making legal guidance essential to understanding your options and minimizing consequences.
Common Mistakes to Avoid If Charged with Evading Arrest
If you’re facing evading arrest charges, avoid these common mistakes that could harm your case:
- Admitting fault. Don’t make statements to law enforcement that could be used against you. Instead, exercise your right to remain silent until you consult a lawyer.
- Ignoring legal counsel. Skipping legal representation is a costly error. Nothing is more expensive than a cheap lawyer. Having a knowledgeable San Antonio criminal defense attorney can substantially affect the outcome of your case.
- Interacting with potential witnesses. Directly contacting witnesses can sometimes harm your case or cause you to get charged with another crime. Avoid discussing case details with anyone outside your legal team, as statements may be misinterpreted or used against you.
These precautions are vital for building a solid defense and avoiding potential pitfalls that could complicate and harm your case.
How Can I Get an Evading Arrest Charge Dismissed?
Being charged with evading arrest in Texas does not automatically result in a conviction. Several defense strategies may apply to help reduce your charges or get your case dismissed, especially with the help of an experienced attorney.
- Lack of intent. Proving intent is crucial in evading arrest cases. If you did not intentionally evade law enforcement or misunderstood what was happening, this could lead to a dismissal or a reduction of charges.
- Insufficient evidence. The prosecution must prove beyond a reasonable doubt that you knowingly evaded law enforcement. If the evidence lacks clarity to substantiate your guilt, your defense attorney can challenge it as insufficient.
- Police misconduct. Law enforcement officers’ unlawful or inappropriate behavior could provide grounds for dismissal. Such behavior could include failing to identify themselves or stopping you illegally without legal justification.
Each of these defense strategies requires careful legal analysis, and with a skilled attorney, you can explore the best approach for your case.
Can Evading Arrest Be Expunged from My Record?
If your case is dismissed or you receive a not-guilty verdict at trial, you may be eligible for expungement in Texas. If you are eligible, an expungement can remove the charge from your public record for good.
Your Defense Against Evading Arrest Charges in Texas
Austin Hagee Law Firm, PLLC stands out with a dedicated and personalized approach to criminal defense. Here’s why you should consider us for your Texas evading arrest charge.
Deep Knowledge of Texas Law
Our team, led by recognized defense attorney Austin Hagee, thoroughly understands Texas evading arrest laws and how San Antonio courts handle these cases. Our defense attorneys’ experience allows them to develop defenses tailored specifically to your situation. We have the experience from securing successful results on hundreds of criminal cases in San Antonio, and the surrounding area, for people just like you.
Client-Centered Approach
With us, you’re more than just a case file. We take the time to understand the unique details of your case and develop strategies focused on your best possible outcome. Our client-centered approach ensures you’re heard, respected, and represented with compassion. Our mission is to help good people through hard times, with the goal of restoring families, and we take that mission into every case we handle as a firm.
Proven Track Record
With a strong history of positive results in criminal cases, including successful dismissals of evading arrest charges, our firm has earned its reputation in San Antonio. We know the local courts and are prepared to advocate fiercely for our clients.
We understand that good people sometimes face challenging situations. Our team is dedicated to protecting your rights and we are here to guide you toward the most favorable outcome.
Contact us today to take the first step in safeguarding your future.
Resources:
- Texas Penal Code. Chapter 12, link
- The evading arrest statute: confusion, cars, and cases. Texas District & County Attorneys Association (2023), link
- Texas Code of Criminal Procedure. Chapter 59, link
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