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?

Attorney Brad Thornton 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 OffensePotential IncarcerationPotential Fine
First-degree Felony5 - 99 years in prisonUp to $10,000
Second-degree Felony2 - 20 years in prisonUp to $10,000
Third-degree Felony2 - 10 years in prisonUp to $10,000
State Jail Felony180 days - 2 years in jailUp to $10,000
Class A MisdemeanorUp to 1 year in jailUp to $4,000
Class B MisdemeanorUp to 180 days in jailUp 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

Evading arrest occurs when a person intentionally flees from a law enforcement officer attempting a lawful arrest or detention, as defined in Texas Penal Code 38.04.
Yes, defenses like lack of intent, mistaken identity, or unlawful arrest can be used to fight charges. A San Antonio evading arrest attorney can evaluate your case.
Evading arrest in a vehicle is a third-degree felony, punishable by 2–10 years in prison and up to $10,000 in fines.
The duration of an evading arrest case varies based on complexity, evidence, and court schedules. Misdemeanor cases may resolve in 3–6 months, while felony cases can take 6–12 months or longer. A San Antonio evading arrest attorney can provide a timeline based on your case.
A conviction for evading arrest will remain on your criminal record unless expunged or sealed. If charges are dismissed or you’re acquitted, you may be eligible for expungement. Consult a San Antonio evading arrest lawyer to explore your options.
The cost of hiring a San Antonio evading arrest attorney depends on the case’s complexity, the attorney’s experience, and whether it goes to trial. Many offer flexible payment plans. Contact Brad Thornton for a free consultation to discuss fees.
Remain silent, avoid discussing your case with anyone except your attorney, and contact a qualified San Antonio evading arrest attorney immediately. Board-Certified lawyer Brad Thornton can guide you through the process and build a strong defense.

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.

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