Evading and Resisting Arrest

Evading Arrest and Resisting Arrest Defense Attorney Serving Denton and Collin County

Evading arrest and resisting arrest charges often come out of a traffic stop, a DWI investigation, or a tense encounter that escalated in seconds. Sometimes they are the only charge. More often, they are added on top of another offense, and they can turn a misdemeanor case into a felony. Evading in a vehicle, in particular, is a felony in Texas even when no one is hurt.

The Law Office of Al Rowland, PLLC, has represented people accused of crimes in Collin and Denton County since 2015. Attorney Al Rowland is a former police officer and prosecutor, so he understands how officers make these split-second decisions and how they write them up afterward. If you have been charged with evading or resisting arrest in Frisco, McKinney, Plano, Denton, or anywhere in North Texas, call (469) 895-6555 for a free, confidential consultation.

Why You Need a Defense Lawyer

These cases usually come down to a few seconds of conduct and how it was perceived. Did you know the officer was trying to stop you? Was the stop lawful in the first place? Did you pull away, or did you flinch? Dash camera and body camera video often tell a different story than the written report, and that video has to be requested and reviewed early.

A defense lawyer can:

Obtain and review dash camera, body camera, and dispatch recordings
Challenge whether the officer had a lawful reason to stop or arrest you
Show that you didn’t know an officer was trying to stop you
Push back on felony enhancements, such as vehicle or deadly weapon allegations
Defend the underlying charge, such as a DWI, at the same time
Negotiate for a dismissal or reduction, or try the case

Evading Arrest vs. Resisting Arrest in Texas

The two offenses are often confused, but they cover different conduct:

Evading arrest or detention (Penal Code § 38.04): Intentionally fleeing from a person you know is a peace officer who is lawfully attempting to arrest or detain you. Running on foot, driving away from a traffic stop, or refusing to pull over can all be charged as evading.
Resisting arrest, search, or transportation (Penal Code § 38.03): Intentionally preventing or obstructing an officer from making an arrest, search, or transport by using force against the officer. Simply running away is not resisting; resisting requires force. Under Texas law, it is not a defense that the arrest itself was unlawful.

Penalties for Evading and Resisting Arrest

Both offenses start as Class A misdemeanors, punishable by up to one year in jail and a $4,000 fine. They become felonies in these situations:

Evading on foot with a prior evading conviction: State jail felony, 180 days to 2 years
Evading in a vehicle: A felony, which can carry up to 10 years in prison depending on the circumstances and any prior conviction
Evading that causes serious bodily injury to another person: Third-degree felony, 2 to 10 years
Evading that causes death: Second-degree felony, 2 to 20 years
Resisting arrest using a deadly weapon: Third-degree felony, 2 to 10 years

In vehicle evading cases, prosecutors may also seek a deadly weapon finding based on how the vehicle was driven. A deadly weapon finding can limit eligibility for probation and affect parole. A conviction can also affect your driving privileges, employment, and immigration status.

Defenses to Evading and Resisting Arrest

Depending on the facts, defenses may include:

No lawful detention or arrest: For evading, the State must prove the officer was lawfully attempting to detain or arrest you. An unlawful stop can defeat the charge.
You didn’t know: You may not have realized an officer was trying to stop you, such as when lights weren’t visible or you were looking for a safe place to pull over.
No intent to flee: Hesitating, slowing down, or moving away from danger is not the same as fleeing.
No force against the officer: Pulling away, going limp, or refusing to cooperate may not meet the definition of resisting.
Self-defense: Texas law allows force against an officer in limited circumstances, such as when an officer uses greater force than necessary.
Video evidence: Recordings often contradict or add important context to the report.

Contact a Frisco Criminal Defense Lawyer Now

An evading or resisting charge can make any case more serious. Contact the Law Office of Al Rowland, PLLC, at (469) 895-6555 or online for a free, confidential consultation. Learn more about our criminal defense practice. We defend these charges throughout Collin County and Denton County.