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Denton Resisting Arrest Attorneys

Resisting Arrest | Magaña & Van Dyke

Aggressive and Strategic Representation for Resisting Arrest in Texas

The Texas Legislature created the following two statutes to criminalize flight from a law enforcement officer:

  • Evading arrest or detention
  • Fleeing and attempting to elude a police officer

If you've been accused of either offense, reach out to Magaña & Van Dyke. Our Denton resisting arrest defense lawyers will dedicate 100% focus to your case and seek an optimal result on your behalf.

To schedule your free initial consultation with a criminal defense attorney, call us at 940-382-1976 or contact us online today.

How Can Someone Be Charged With Resisting Arrest?

Under § 545.421(a) of the Texas Transportation Code, a driver commits the offense of fleeing and attempting to elude a police officer if they "willfully fail or refuse" to stop the vehicle or flee "or attempt to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop."

Texas Evading Arrest Charges

Fleeing or attempting to elude a police officer is a Class A misdemeanor, punishable by a fine of up to $4,000 and/or a jail term of up to 1 year.

Evading Arrest Under the Texas Penal Code

The elements for evading arrest or detention are enumerated in Texas Penal Code § 38.04. The statute provides that a person commits the offense when they "intentionally flee from a person [they] know" to be a law enforcement officer trying to arrest or detain them.

Typically, an evading charge is paired with the underlying criminal offense the accused was suspected of committing, such as:

For the prosecutor to prove the crime of evading arrest or detention under Statute § 38.04 of the Texas Penal Code, they must prove the following:

  • The person who fled is the person who committed the crime;
  • The defendant acted intentionally;
  • The defendant fled;
  • The defendant ran from another person that the defendant knew was a peace officer (police officer or other law enforcement);
  • The law enforcement officer was attempting to arrest or detain the defendant; and
  • The attempted arrest or detention was legal.

Is Resisting Arrest a Felony in Texas?

Generally, evading is a Class A misdemeanor. However, it can be elevated to a state jail felony if the prosecution alleges that the defendant used a vehicle during the commission of the offense. The charge can be increased to a third-degree felony if someone else is injured during the incident.

Contact a Denton County Resisting Arrest Lawyer

If you have been charged with evading arrest or detention or fleeing or attempting to elude a police officer, contact our experienced defense lawyers today. We provide skilled legal help in Denton County and the surrounding areas, and we will work tirelessly for you.

Contact Magaña & Van Dyke and set up a free consultation by calling 940-382-1976 today.

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