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. 


Founding Attorney

Will Mitchell

Will Mitchell is a DWI/Criminal Defense Attorney with his primary office in Austin, Texas, where he has practiced law since 2006. The Law Office of Will Mitchell accepts criminal cases statewide.  The primary focus of Will’s practice is intoxicated related offenses, driver’s license issues, and drug possession cases.
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