EVADING ARREST DET W/VEH - Montgomery County Texas Evading Arrest Lawyer

Описание: Brian Foley is a Criminal Defense attorney Former Chief Prosecutor in Montgomery and Harris County, Texas. All videos are for educational and entertainment purposes and do not constitute legal advice nor do they create an attorney client relationship. For more information visit www.brianfoleylaw.com

What is the punishment for EVADING ARREST DET W/VEH in Montgomery County, Texas? If you have been charged with "Evading Arrest or Detention with a Vehicle" in Montgomery County, Texas, it’s crucial to understand the potential legal consequences you could face. This charge is a serious criminal offense and is classified as a third-degree felony under Texas Penal Code § 38.04. At Brian Foley Law PLLC, we specialize in defending individuals who have been charged with crimes, and we understand the gravity of facing a felony charge. Let’s break down what "Evading Arrest Detention with a Vehicle" means, the elements of the offense, and what you can expect in terms of punishment. What is Evading Arrest with a Vehicle? According to Texas Penal Code § 38.04, a person commits the offense of "Evading Arrest or Detention" if they intentionally flee from a peace officer or federal special investigator who is attempting to lawfully arrest or detain them. However, the charge escalates to a third-degree felony if the person uses a vehicle while fleeing from law enforcement. In this context, "using a vehicle" can mean driving a car, truck, motorcycle, or even riding a bicycle. Essentially, if the officer is in pursuit, and you try to evade arrest by driving away, this could result in felony charges. Elements of the Offense To be charged with Evading Arrest with a Vehicle, the prosecution must prove several key elements: Intentional Fleeing: You must have intentionally fled or attempted to flee from a peace officer or investigator. Knowledge of the Officer: You must have known the individual trying to arrest or detain you was a law enforcement officer or a federal investigator. Use of a Vehicle: In this specific charge, the prosecution must also show that you used a motor vehicle during the attempt to flee. If these elements are proven, you may face the penalties associated with a third-degree felony. What is the Punishment for Evading Arrest with a Vehicle? In Texas, Evading Arrest or Detention with a Vehicle is a third-degree felony. The potential punishment for a third-degree felony in Texas includes: 2 to 10 years in prison Up to a $10,000 fine In addition to these penalties, if you are convicted, you will likely face a permanent criminal record, which can have lasting effects on your employment prospects, housing opportunities, and other aspects of your life. Possible Defenses If you have been charged with this offense, you may wonder if there is any hope for reducing or dismissing the charge. Several potential defenses could be raised, including: Lack of Intent: If you did not intentionally flee or attempt to flee, this may be a valid defense. Unlawful Detention or Arrest: If the officer did not have a lawful reason to arrest or detain you, this could be used as a defense. No Vehicle Used: If you did not use a vehicle while fleeing, the charge could be reduced to a misdemeanor. Every case is unique, and an experienced criminal defense attorney can evaluate your situation to determine the best course of action. Can you avoid going to prison for Evading Arrest with a Vehicle? Being charged with Evading Arrest with a Vehicle is a serious matter, and facing a third-degree felony can result in severe consequences. If you or someone you know is facing charges for this offense in Montgomery County or the surrounding areas, it is crucial to have skilled legal representation on your side. While the punishment range includes the possibility of prison time it is not a guarantee. Mitigating evidence like a lack of criminal history, young age, and the ability to provide character witnesses can help a prosecutor, judge, or jury reach the decision that probation is an appropriate result. A dismissal of the charge can also occur if there is no reasonable suspicion for the initial traffic stop. At Brian Foley Law PLLC, we have extensive experience defending clients against criminal charges, including evading arrest. We understand the Texas criminal justice system and will work tirelessly to protect your rights and achieve the best possible outcome for your case. If you’ve been charged with Evading Arrest with a Vehicle, don’t wait—contact Brian Foley Law PLLC today to schedule a consultation. Let us help you navigate this challenging situation and fight for your future.