San Antonio Evading Arrest Attorney
Expert Evading Arrest Attorneys in San Antonio, Texas
Charged with evading arrest in San Antonio? You need a skilled San Antonio evading arrest attorney to protect your rights. At Thornton Criminal Defense, Board-Certified attorney Brad Thornton leverages his experience as a former prosecutor to build a robust defense for clients facing evading arrest or detention charges under Texas Penal Code 38.04. Schedule a free consultation today by calling (210) 439-5627.
Why Choose Brad Thornton for Evading Arrest Defense?
Brad Thornton stands out as a top San Antonio criminal defense lawyer due to his unique qualifications:
- Board-Certified in Criminal Law: Less than 0.008% of Texas attorneys hold this prestigious certification from the Texas Board of Legal Specialization.
- Former Chief Prosecutor: Brad’s years prosecuting cases from marijuana to murder give him insider knowledge of prosecution strategies.
- Proven Track Record: Rated 10/10 on Justia, Brad has successfully defended clients against complex criminal charges.
- Personalized Service: Brad provides compassionate, one-on-one representation, keeping you informed every step of the way.
Understanding Evading Arrest Charges in San Antonio
In Texas, evading arrest or detention is a crime under Texas Penal Code 38.04. It occurs when a person intentionally flees from a law enforcement officer attempting a lawful arrest or detention. Evading arrest can happen in two primary ways:
- On Foot: Running from an officer attempting to detain or arrest you.
- In a Vehicle: Fleeing in a car, which carries harsher penalties.
The charge can escalate if the fleeing causes serious bodily injury or significant property damage. A knowledgeable San Antonio evading arrest lawyer can assess your case and identify defenses to minimize or dismiss charges.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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Penalties for Evading Arrest in San Antonio
The penalties for evading arrest depend on the circumstances, as outlined in Texas Penal Code 38.04 and Texas Transportation Code 545.421. Below is a breakdown:
Punishment Ranges
Level of Offense | Potential Incarceration | Potential Fine |
First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
Penalties can increase if a prior conviction exists or if a deadly weapon was used. Consulting a San Antonio evading arrest attorney is critical to navigate these consequences.
Common Defenses for Evading Arrest in Texas
An experienced attorney can raise several defenses to challenge evading arrest charges. Common defenses include:
Lack of Intent
The prosecution must prove you intentionally fled. If you were unaware of the officer’s attempt to detain you (e.g., didn’t hear sirens), this defense may apply.
Mistaken Identity
If you were misidentified as the person fleeing, evidence like an alibi or surveillance footage can support your case.
Unlawful Arrest
If the officer lacked probable cause or a valid warrant, your actions may be justified as protecting your constitutional rights.
Coercion or Duress
If you fled due to threats or force from another person, this defense could reduce or dismiss charges.
Brad Thornton will analyze your case to determine the best defense strategy. Contact us to discuss your options.
Frequently Asked Questions About Evading Arrest
Watch: Why You Should Hire a Board Certified Criminal Defense Attorney
Contact Our San Antonio Evading Arrest Lawyers Today
Facing evading arrest charges can be overwhelming, but you don’t have to navigate it alone. Board-Certified San Antonio evading arrest attorney Brad Thornton offers expert defense tailored to your case. With his background as a former chief prosecutor, Brad knows how to counter prosecution strategies and fight for the best outcome.
Call (210) 439-5627 or fill out the form below for a free consultation. Let Thornton Criminal Defense protect your rights and future.