Skip to Content
The Law Office of Will Mitchell The Law Office of Will Mitchell
Free Consultations 512-858-8611
Top
Evading Arrest

Austin Evading Arrest Defense Lawyer

Focused Exclusively on Texas Criminal Defense

It is a natural reaction in many people to have a flight or fight response to a police officer attempting to pull them over while driving or to arrest them on foot. Unfortunately, it is a bad mistake to act on this impulse as evading arrest is a criminal offense in itself. It can result in misdemeanor or felony charges depending on the circumstances. When you know that law enforcement is attempting to detain you for some reason, your best action is to remain calm and comply. Even if you are arrested for some offense, it does not automatically follow that you will be convicted. This is especially true if you retain the services of a proven criminal defense attorney.

In such a situation, you can rely on the considerable knowledge and experience of The Law Office of Will Mitchell serving clients throughout the greater Austin area. Our founding attorney has built a reputation for competent and successful criminal defense representation backed by 15 years of hard work and dedication to excellence. You will always have immediate accessibility to your attorney via his personal cell number and will be treated in a friendly and humane way. At our firm, you are never a statistic but an individual facing a specific set of circumstances that call for our honest and dependable assistance.

Facing charges? Call our Austin evading arrest defense attorney at (512) 858-8611. Your initial conversation is free. Available for same-day, after hours, and weekend appointments. 

What Is Evading Arrest in Texas?

This offense is defined as intentionally fleeing from someone you know is a law enforcement officer who is making an attempt to detain or arrest you. It can be charged in various ways depending on the circumstances.

What Is Resisting Arrest in Texas?

Any individual who intentionally obstructs law enforcement from carrying out an arrest by use of force may be charged with resisting arrest. Circumstances can augment the charges, such as if you are carrying a deadly weapon at the time of arrest.

What Is the Difference Between Evading Arrest and Resisting Arrest?

The most basic method of telling these two charges apart is the fashion in which arrest is avoided. When evading arrest, an individual flees, never coming in contact with the arresting officer. Resisting arrest involves interaction with an arresting officer in order to subvert the officer's intention to arrest. One charge does not preclude the other, so you can be charged with both evading and resisting arrest.

What Are the Penalties for Evading Arrest?

It is generally charged as a Class A misdemeanor when you are on foot which is punishable by up to a year in jail and/or a fine of up to $10,000. Probably most of these offenses are committed while driving, however, in which case it can be elevated to a state jail felony or third or fourth-degree felony. It can also be charged as a felony if you have a prior conviction or flee by boat as well as any type of vehicle. A fourth-degree felony can result in up to two years in jail and/or fines of up to $10,000. A third-degree felony is punishable by two to 10 years in prison and fines of up to $10,000.

It is also a third-degree felony if someone is injured due to your attempt to flee. It can be charged as a second-degree felony if someone dies due to your attempt to flee. A second-degree felony carries penalties of two to 20 years in prison and fines of up to $20,000.

Other charges related to evading arrest can include resisting arrest or hindering apprehension. You can be charged with both evading and resisting if you try to use force against law enforcement to stop an arrest. You can be charged with both evading arrest and hindering apprehension if you try to hide something related to your arrest.

How The Law Office of Will Mitchell Can Help

After careful investigation of your arrest and its circumstances, there may not be sufficient evidence for a conviction or evidence may be doubtful or flawed. This will only be brought to light with the help of our attorney who knows what to look for and how to use it in legal proceedings. Your charges may also be subject to a reduction, such as to reckless driving or some other lower misdemeanor offense. Our firm is here to analyze the evidence in order to create the best possible strategy. Our priority is to minimize the consequences of any arrest or charge so that your future is not jeopardized with a criminal record. We will use all our talents and skills in seeking the best possible resolution.

Facing charges? Call our Austin evading arrest defense attorney at (512) 858-8611 today. 

Free Initial Consultation

Fill Out this Form to Schedule Today Or Give Us a Call at (512) 858-8611

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from The Law Office of Will Mitchell at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
  • "You are in good hands with Will Mitchell."
    Will Mitchell handled my case swiftly, intelligently and was very diligent about getting it resolved in a professional manner. I was very upfront about the circumstances and what he thought I should expect and I appreciated his no BS approach. Candor is imperative when you are dealing with a potentially life changing situation. I would recommend him and have to everyone I know. You are in good hands with Will Mitchell.
    Ross
  • "Will is a fantastic lawyer."
    Will is a fantastic lawyer. He is detail-oriented, organized, responsive, knows the law well, and is very connected in Texas. His office support is top-notch as well. I would hire him again in a heartbeat, although I hope that's never needed.
    Former Client
  • "His knowledge and poise in the courtroom helped to show that the charges were inaccurate."
    Will was able to defend me and have all charges rightfully dropped. His knowledge and poise in the courtroom helped to show that the charges were inaccurate. Communication with email and by phone was great and all at a fair price. I appreciate Will assisting me with helping to defend my reputation and innocence!!! 5 stars for sure!
    R.N. on Google
  • "I carry his card on me, because I believe in him and trust him."
    After being arrested for DWI, it is easy to feel lost, scared, confused, and unsure of where to turn for help. Luckily, I was recommended the legal services of Will Mitchell. From the initial consultation until my final court appearance, Will was there for me throughout the entire process. In a very frightening time, Will was able to put me at ease and guide me through a difficult situation. Due to his expertise and dedication, he was able to lessen my charge to a much more favorable outcome. I had multiple consultations before I was directed towards Will, and they all resulted in frustration, fear, and intimidation. I, like many Austin residents, work in the Service Industry, and was not financially able to afford much more than a public defender. His services are invaluable, but reached at a reasonable, flexible rate. I carry his card on me, because I believe in him and trust him.
    Craig
  • "When Will says he can handle a case, he means it."

    Mr. Mitchell is an intelligent, qualified, and effective person to have represent you. When Will says he can handle a case, he means it. Always a straight shooter, I felt I was in good hands and would recommend his law office to anyone in need.

    Jon N.
  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "He has the knowledge and patience to come up with a personalized plan of action."
    Attorney Will Mitchell can help! Expedient, Professional, and just a good guy to talk to when the chips are down. He has the knowledge and patience to come up with a personalized plan of action.
    A.B. on Google
  • "Working with you made the process go smoothly."
    It was a long, long road, but working with you made the process go smoothly. You and Olivia really helped to reduce the stress around having to deal with an event like this.
    P.O.