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© 2023 by Thornton Criminal Defense, PLLC.
Atascosa Office:
216 N Bryant St
Pleasanton, Texas 78064
FORMER CHIEF PROSECUTOR
PERSONALIZED ATTENTION TO YOUR CASE
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CLIENT CENTERED APPROACH TO YOUR CASE
BOARD CERTIFIED IN CRIMINAL LAW
OVER A DECADE OF EXPERIENCE IN CRIMINAL LAW
WHY HIRE THORNTON CRIMINAL DEFENSE?
Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.
Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.
Evading Arrest
Texas Penal Code § 38.04(b) - EVADING ARREST/DETENTION W/ VE OR EVADE ARREST OR DETE
Top Evading Arrest Criminal Defense Attorney in San Antonio, Texas
In Texas, evading arrest or detention is a crime under Texas Penal Code section 36.02. It occurs when a person intentionally flees from a law enforcement officer who is attempting to lawfully arrest or detain them. There are two ways that a person can be charged with evading arrest or detention: by fleeing on foot, or by fleeing in a vehicle.
It's important to note that the offense of evading arrest or detention can be upgraded to a more serious crime if the person causes serious bodily injury to another person or causes significant property damage while fleeing from the law enforcement officer.
Evading Arrest Defense in San Antonio, Texas
If you have been charged with evading arrest or detention in Texas, you may be wondering what defenses you have available to you. Here are some potential defenses that you or your attorney may raise in your case:
Lack of intent: In order to be convicted of evading arrest or detention, the prosecution must prove that you intentionally fled from the law enforcement officer. If you did not intentionally flee, but rather were simply unaware that the officer was trying to arrest or detain you, you may be able to argue that you did not have the necessary intent to commit the crime.
Mistaken identity: It is possible that you were misidentified as the person who was trying to evade arrest or detention. If you have an alibi or other evidence that shows you were not present at the time of the alleged crime, you may be able to use this as a defense.
Unlawful arrest or detention: If the law enforcement officer did not have the legal authority to arrest or detain you, any actions you took to evade the officer may be justified. For example, if the officer did not have a valid arrest warrant or probable cause to arrest you, you may be able to argue that you were not trying to evade arrest, but rather were attempting to protect your constitutional rights.
Coercion or duress: If you were threatened or forced to flee from the law enforcement officer by another person, you may be able to use coercion or duress as a defense.
It's important to note that every case is different, and the specific defenses available to you will depend on the circumstances of your case. An experienced attorney can help you understand your options and determine the best defense strategy for your case.
