Resisting arrest is a deceivingly grievous offense. Especially, if you are wrongfully arrested or excessive force is used against you. The natural response to react restively. Our criminal lawyers in Austin Texas want to urge you to be calm to avoid a resisting arrest offense.
Why do our attorneys urge caution when facing an arrest? In Texas, there are severe consequences for doing so.
Evading Arrest v. Resisting Arrest
It’s not uncommon to mistake evading arrest for resisting arrest. The distinction is based on the force used. Evading arrest is defined as a person intentionally fleeing a known officer who is attempting to arrest or detain them. Resisting arrest is established when a person intentionally obstructs an officer using force which affects the officer’s arrest, search, or transportation of the person or another.
Another key difference is for an evading charge to stick, the evasion must be from a lawful arrest. If the arrest was unlawful, it is impossible to be convicted of evading arrest. However, while resisting arrest requires some force to be exerted against the officer, the officer does not have to be acting lawfully. Meaning, even if you were being arrested unlawfully, you can still be convicted of resisting arrest.
Resisting Arrest Penalties
As mentioned, Texas is harsh towards resisting arrest offenses. If you are convicted, you may face a Class A misdemeanor punishable by:
- a fine of up to $4K
- up to a 12-month county jail sentence
Should you have had a deadly weapon on you at the time of arrest, the offense escalates to a third-degree felony, punishable by:
- a fine of up to $10K
- up to a 10-year prison sentence
Evading Arrest Penalties
An evading arrest offense has the same penalties as resisting arrest without a weapon (Class A misdemeanor, up to 12 months in jail & max fine of $4k). However, if you have a criminal history, the charge may escalate to a state jail felony.
An evading arrest state felony offense is punishable by:
- a fine of up to $10K
- up to a 24-month state jail sentence
Additionally, an evading arrest charge will escalate up to a felony if you did any of the following while attempting to evade:
- utilized a tire deflation device against law enforcement to slow their pursuit
- another person sustained severe bodily injury as a direct result
- operated a watercraft or vehicle as your mode of escape
Consequentially, a third-degree felony evading arrest offense is punishable by:
- up to a 10-year prison sentence
- a fine of up to $10K
- if someone dies as a direct result of your attempt to evade, the prison sentence increase to a max of 20 years
Preparing your Defense
Our criminal lawyers in Austin Texas are here to alleviate your worries. We will prepare your defense and seek to have the charges dropped or reduced. Contact us for your free consultation. We’re here to help.
To find out how we can help you, contact our Criminal Lawyers in Austin Texas at 512-400-7070 or send us a message for expert Resisting Arrest & Evading Arrest defense. We will schedule an initial client consultation to review your case details and lay out a game plan for your criminal case in Texas. AZ Law Firm will pursue the legal action necessary to secure the fairest possible outcome for you and your loved ones.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire an attorney to protect and defend your rights. Call us and be surprised at the quality you receive compared to what other law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our Criminal Lawyers in Austin Texas will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
