San Antonio Evading Arrest Attorney
Expert Evading Arrest Attorneys 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.
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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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.
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 for Evading Arrest in San Antonio, Texas
The penalties for evading arrest or detention in Texas under Penal Code section 36.02 depend on whether the person was charged with evading on foot or in a vehicle.
If a person is charged with evading arrest or detention on foot, it is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
If a person is charged with evading arrest or detention in a vehicle, it is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
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 while fleeing from the law enforcement officer.
Fleeing or attempting to elude a police officer, as defined in Texas Transportation Code section 545.421, is a separate offense from evading arrest or detention and involves person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.
If a person is charged with fleeing or attempting to elude a police officer, it is a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $2,000.
San Antonio Criminal Defense Attorney Brad Thornton
If you have been charged with evading arrest or detention in San Antonio, Texas, you may be feeling overwhelmed and uncertain about what to do next. In this situation, it’s important to seek the guidance of an experienced criminal defense attorney who can help you understand your rights and options.
One reason you should consider calling board-certified criminal defense attorney Brad Thornton for a free consultation is his extensive experience as a former chief prosecutor. This means that he has in-depth knowledge of how the prosecution builds its case and what strategies they are likely to use against you. He can use this knowledge to your advantage when building your defense.
Another reason to call Brad Thornton is his commitment to providing personalized and compassionate representation. He understands that facing criminal charges can be a stressful and intimidating experience, and he will work closely with you to understand your concerns and goals. He will also keep you informed about the progress of your case and work tirelessly to achieve the best possible outcome for you.
If you have been charged with evading arrest or detention in San Antonio, Texas, don’t hesitate to call Brad Thornton for a free consultation. He can help you understand your rights and options, and guide you through the criminal justice process with confidence and expertise.
