Evading Arrest Defense Lawyer in Houston Protecting Those Charged with Evading Arrest

A charge of evading arrest in Houston is a crime that can earn you jail time, fines, or both. A conviction for evading arrest can affect you for the rest of your life by limiting your eligibility for quality employment and tarnishing your reputation with friends and family. That said, there are solid legal defenses for such a charge. With an experienced Houston criminal defense attorney by your side, there may be a good chance for acquittal or having the charges dropped entirely, with no further damage to your life and future.

Experienced criminal defense attorneys handle many challenging evading arrest cases all the time. Michael Pham’s excellent win-loss ratio has earned him a reputation as a tenacious, proven, and compassionate attorney who takes each case personally. If you need an evading arrest attorney with years of expertise, call us at (713) 236-7791.

What is Considered Evading Arrest in Houston?

Essentially, evading arrest is considered an act of resistance toward a police officer or peace officer who is attempting to perform the duty of his job. The same offense applies to impeding or resisting an EMT or any other public or law enforcement officer performing their duty. Evading arrest may not only include in-person physical resistance. Some common examples of charges filed for resisting arrest include fleeing the scene of a crime, struggling to stop a police officer from arresting you, going “limp” and forcing officers to carry you, or providing false information to avoid arrest.

That said, a police officer can’t arrest you for no reason. There are certain elements that must be present for a lawful conviction. The prosecution must be able to prove without a shadow of a doubt that the alleged victim was an officer of the law or an EMT attempting to lawfully perform their official duties and that you intentionally delayed, resisted, or in some other way obstructed the victim from doing their duties. Without these three components, the charge of evading arrest is not legitimate, and the prosecution will not be able to successfully convict you. A criminal defense lawyer can analyze your case and start building the best possible defense.

What is the Common Defense for Evading Arrest?

Unfortunately, charges of evading arrest are often used by police to hide misconduct or justify excessive use of force or other criminal actions. Some officers have accused people of evading arrest as a “punishment” for giving them attitude, threatened the charge to make a situation look more dangerous, or even blamed a defendant for his or her own injuries. That is why remembering the three required components of a lawful evading arrest charge is so important. You must have acted intentionally, known the alleged victim was a law enforcement officer, and the officer must have been attempting to perform their official duties. If the prosecutor can’t prove all three of these factors, you can win your freedom.

What is the Punishment for Evading Arrest?

In Houston, evading arrest could be charged as a misdemeanor or a felony. The punishments you may face will depend heavily on whether you are charged with a felony or a misdemeanor. It is most often charged as a misdemeanor which can carry penalties including jail time and costly fines.

That said, you may be charged with a felony if you allegedly took or attempted to take an officer’s firearm or weapon, or if you used a weapon while resisting the arrest. Using a weapon or threatening to use a weapon against a law enforcement officer, on top of making your evading arrest a felony, may also result in you being charged with assault, which carries severe penalties in its own right. Felony evading arrest punishment may include up to three years in county jail and a fine of up to $10,000. While these penalties may be harsh, with a reputable criminal defense lawyer by your side, there are many strong defenses that can win your case.

Can an Experienced Criminal Defense Attorney Really Defend Me Against Evading Arrest Charges?

If you’ve been charged with evading arrest, obtaining the services of a skilled criminal defense lawyer can make the difference between spending time in jail and walking free. A good evading arrest attorney will give strong attention to detail on every case, and develop an effective defense strategy, based on the facts. Contact the Law Office of Michael H. Pham to start working on your defense. Reach out for a free sit-down consultation at (713) 236-7791.