Being charged with evading arrest in San Antonio can turn a simple police interaction into a serious legal problem fast. If you find yourself in this situation, consult an evading arrest lawyer in San Antonio today.
Whether the incident began as a routine traffic stop or a brief encounter with law enforcement, an evading charge can escalate quickly depending on how officers describe the situation.
Here Is How We Help You Build A Defense
These charges are often based on assumptions, split-second decisions, and misunderstandings. That’s why you need a criminal defense attorney in San Antonio or Bexar County where the arrest happened. They know the local courts, how to challenge the evidence, question the State’s narrative, and protect your future.
Christopher Castro has years of experience defending people against felony and misdemeanor charges in Bexar County and throughout Texas.
He will examine every detail, including body-cam footage, dash-cam video, officer conduct, and the legalities in order to build a strong defense strategy.
Evading Arrest Laws In Texas
Under Texas Penal Code § 38.04, evading arrest occurs when a person:“Intentionally flees from someone they know is a peace officer or federal investigator who is lawfully trying to arrest or detain them.”
The key element is intent. Most who are charged with evading never meant to flee in the first place, and this is often due to miscommunication, fear, or not realizing an officer was signaling to stop.
This is usually what happens leading up to these types of unfair charges, which is why consulting a local San Antonio attorney for Evading Arrest is vital to your freedom and future.
Why Choose Christopher Castro
- Thorough investigation of all video and reports
- Strategic defense planning
- Clear communication
- Aggressive representation in negotiation and court by an attorney experienced in defending Evading Arrest charges in San Antonio
Penalties for Evading Arrest in Texas
- Class A Misdemeanor – Up to 1 year in jail and a $4,000 fine
- State Jail Felony – Applies when a vehicle or watercraft is used or when the person has a prior evading conviction. 6 months to 2 years in state jail
- Third-Degree Felony – Applies when a vehicle is used and the person has a prior evading conviction or when someone suffers serious bodily injury
- Second-Degree Felony– Applies when someone is killed during the pursuit – 2 to 20 years in prison and up to $10,000 in fines
Difference Between Evading Arrest vs. Resisting Arrest in Texas
Evading Arrest involves fleeing. Resisting Arrest involves using force to prevent arrest, search, or transport. Even if the arrest itself was unlawful.
Defense Tactics To Fight An Evading Arrest Accusation
- No Intent to Flee
- Illegal Stop or Detention
- Miscommunication or Fear
- Insufficient Evidence
- Officer Misinterpretation
Possible Defenses to Evading Arrest in Texas
As your attorney, we can use these tactics to help you avoid a conviction or have your evading arrest charges dismissed or reduced.
No Intent to Flee
Under Texas Penal Code § 38.04, the State must prove that you intentionally fled from law enforcement. Many evading arrest cases fall apart because there was no actual intent to run from the police. People may:
- Not realize they were being stopped
- Be looking for a safe, well-lit place to pull over
- Mishear or not hear commands
- Be confused or disoriented
- Believe the officer was signaling someone else
If the evidence does not clearly show intentional flight, the charge may be reduced or dismissed.
Lack of Officer Identification
For an evading arrest charge to hold, the person must know they are fleeing from a peace officer or federal investigator. In many cases, especially at night or in unmarked vehicles, drivers and pedestrians genuinely cannot tell who is trying to stop them.
Common scenarios include:
- Officers approaching in plain clothes
- Unmarked vehicles attempting traffic stops
- Lights or sirens not activated early enough
- Confusing or unclear verbal commands
- Poor lighting or environmental conditions
If you did not reasonably know the person was law enforcement, the State cannot prove this element of the offense.
Schedule Your Appointment With Our San Antonio Law Firm Today
An evading arrest charge does not mean you are guilty. With the right defense attorney, these types of cases can often be reduced or dismissed entirely. With the wrong attorney, you may end up accepting a plea deal, which can haunt you for the rest of your life.
If you are currently facing an evading or resisting arrest charge in San Antonio or the surrounding areas, call today to schedule your free consultation.
