Evading Arrest

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Evading Arrest

A Houston Criminal Defense Lawyer Explains How Evading Arrest Can Complicate a Criminal Case

When a criminal suspect resists or attempts to evade arrest, this can lead to additional criminal charges tacked on by law enforcement. A Houston evading arrest attorney can review the charges against you and discuss possible defense strategies and educate you on the penalties you may face.


A Houston Evading Arrest Attorney Discusses the Charge

As a Houston evading arrest lawyer can explain, under Texas law, evading arrest means the intentional evasion of a lawful arrest by a known peace officer. While this may seem like a simple statement, it has distinct elements that must be proven by the prosecution in order to sustain a conviction. As a Houston evading arrest lawyer can explain, the prosecution must prove beyond a reasonable doubt that:

  • The defendant intended to evade
  • The defendant knew or had reason to know the officer was, in fact, a peace officer
  • The underlying arrest was lawful.

A Houston Evading Arrest Attorney Discusses Possible Defenses

Since evasion of arrest has distinct elements, a Houston evading arrest lawyer will analyze the evidence against you. For example, if the underlying arrest was not lawful (i.e., the officer lacked probable cause), the evasion charge should fail. Likewise, if the officer was not known to be a peace officer, a Houston evading arrest attorney may argue that the evasion charge must fail.

What Happens if the Defendant is Cleared of the Charges Leading to the Arrest

An illustrative example may be helpful. If an officer has probable cause to believe a defendant shoplifted, pursues the suspect and the suspect flees, this could lead to charges for both shoplifting and evasion of arrest. If the defendant is then cleared of shoplifting, the arrest evasion charge may still survive. A Houston evading arrest attorney can review what to expect during the criminal process and help you understand possible defenses that may apply.

If you face criminal charges, set up a consultation with a knowledgeable Houston evading arrest attorney as soon as possible. Call the offices of Christopher T. Gore at 713-223-1600.

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