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Resisting and Evading Arrest in Texas

Criminal Defense Lawyer Defending Your Rights in San Antonio

Facing criminal charges can be frightening. When confronted with the notion of going to jail, some people instinctually try to avoid getting arrested. However, the act of resisting or even evading arrest is considered a crime.

Under Section 38.03 of the Texas Penal Code, a person commits the crime of resisting arrest if they intentionally use force against a law enforcement officer or agent to prevent or impede them from making an arrest. Even if the arrest is unlawful, it is a crime to resist arrest; a crime that will become a third-degree felony if deadly force is used.

Under Section 38.04 of the Texas Penal Code, a person is guilty of evading by intentionally fleeing from a federal or state law enforcement agent who is trying to effect a lawful arrest to detain them. This charge can be either a felony or a misdemeanor crime.

Felony Evading Arrest

Under Texas criminal law, serious instances of evading arrest can be either a third-degree felony or a second-degree felony.

Third Degree Felony evading arrest occurs when:

  • A person’s attempt to evade capture from a law enforcement agency directly results in serious bodily injury to another;
  • When a former convict for evading arrest uses a vehicle to escape; or
  • Uses a tire deflation device against the apprehending officer.

Second Degree Felony evading arrest involves an attempt to evade capture from law enforcement that directly results in another person’s:

  • Death; or
  • Serious bodily injury resulting from a tire deflation device.

Misdemeanor Evading Arrest

Under Section 38.04 of the Texas Penal Code, a person commits a Class A Misdemeanor for evading arrest unless:

  • The offense is a state jail felony and the accused has been previously convicted for evading arrest; or
  • It is a third or second-degree felony, as described above.

Criminal Defense Services in San Antonio

To properly defend yourself against charges for resisting or evading arrest, you need a capable San Antonio criminal defense attorney to represent you. Contact me at the Law Office of Roberto Ambrosino, PLLC if you are facing such criminal charges.

Call (210) 201-7622 or contact me online to schedule a free initial case evaluation.

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