How Serious of a Charge is Evading Arrest?

 Posted on June 20, 2025 in Criminal Defense

 An encounter with law enforcement can be stressful, to say the least. In the heat of the moment, some people react with panic and attempt to evade the authorities. In Houston, this can have dire legal consequences. If you have been accused of trying to avoid apprehension, you should seek out the legal services of a Houston, TX criminal defense attorney as soon as possible.

A charge of evading arrest can be imposed on top of another crime, leading to a harsher sentence. The judge and prosecution may also view you as a flight risk and treat you with more caution. At Murphy & McKinney Law Firm, P.C., we can provide you with representation and counsel from the moment of your arrest.

What Are the Penalties for Evading Arrest in Houston?

Attempting to avoid getting arrested is a Class A misdemeanor under Texas law. This can carry a hefty fine of up to $4,000 and the possibility of up to a year of imprisonment.  However, the penalties do not stop there. The offense could be escalated to a state jail felony if you use a vehicle or watercraft to evade arrest, or if you have a prior offense on your record. A state jail felony is punishable by a fine of up to $10,000 and up to two years in jail.

The penalties can escalate to higher degrees of felonies if somebody is injured or killed "as a direct result" of your attempt to evade the authorities. At Murphy & McKinney Law Firm, P.C., we can meet with you privately to discuss the charges you could face.

Why Intent Matters in Charges of Evading Arrest

To convict you of evading arrest, the prosecution must prove that you intentionally tried to avoid being arrested or detained. This means that you cannot be convicted of this crime for accidentally evading the authorities; it has to be a conscious, willful attempt.

To illustrate this point, imagine a case where you are trying to focus on traffic on a busy highway when a police car signals for you to pull over. If you take an exit, it could be construed as you trying to get away from the officer, even if you had no idea you were being given an order. To get you convicted, the prosecution would need to prove that this was not a mistake but something intentional.

Other Defenses Against Evading Arrest

Lack of intent is not the only defense you can employ in a charge of evading arrest. You could also argue that the officer did not have a lawful right to detain you. This often applies in cases where the officer did not have reasonable suspicion to pull you over, meaning that there was no evidence to suggest a crime was being committed.

At Murphy & McKinney Law Firm, P.C., we will take a close look at the prosecution’s case against you. If the prosecutor cannot prove your guilt beyond a reasonable doubt, we will argue to have the charge of evading arrest dismissed from court.

Contact a Houston, TX Evading Arrest Defense Lawyer

If you have been accused of trying to flee the police, you should seek legal representation immediately. Our Houston, TX criminal defense attorney can argue for your rights and challenge the assumptions of the prosecution. Call us at 713-229-8333 to schedule an initial consultation.