In North Texas, a split-second decision can turn into a serious criminal charge.
Trying to outrun police—whether out of panic or poor judgment—can lead to evading arrest, a separate offense that often carries harsher consequences than the original situation. And the penalties are severe.
These charges commonly arise from vehicle pursuits, foot chases, or any attempt to avoid detention—and prosecutors take them seriously. But the circumstances matter.
At the Law Offices of Richard C. McConathy, we know how these cases are built and where they can be challenged. If you’re facing charges, working with an experienced Dallas fleeing and eluding lawyer can make a critical difference in your case.
What is Evading Arrest Under Texas Law?
Evading arrest under Texas Penal Code §38.04 means deliberately fleeing from a police officer who is attempting to arrest you. It’s a simple definition with complex consequences.
Technically, the crime occurs if you know the person trying to arrest you is a police officer and you intentionally flee. You must know (or should know) it’s a law enforcement officer, and you must deliberately try to escape. Accidentally running a red light that happens to separate you from a police car probably isn’t evading. Deliberately swerving through traffic to lose a patrol car definitely is.
The charge doesn’t require you to actually get away. Even if police caught you immediately, you can still be charged with evading if you ran or resisted in a way that constituted flight. The crime happens the moment you deliberately try to evade, regardless of whether you succeed.
How Serious Is Evading Arrest?
The severity of evading charges depends on how you fled—on foot or in a vehicle—and whether anyone was injured. This makes evading charges tricky because the same basic act (running from police) can result in vastly different sentences.
Evading on Foot: Class A Misdemeanor
If you evade arrest on foot, it’s a Class A misdemeanor: up to 1 year in jail and a $4,000 fine. This is the least serious level of evading arrest, though it’s still a criminal record that affects employment and housing.
Most foot chases in Denton and surrounding areas fall into this category. You see police, panic, and run. Police chase you and catch you. You’re charged with both the original offense (whatever brought police to you) and evading arrest.
Evading in a Vehicle: State Jail Felony
If you flee in a vehicle, the charge is a State Jail felony: 180 days to 2 years in prison and a $10,000 fine. This is dramatically more serious than evading on foot.
Vehicle pursuits are treated more harshly because they endanger the public. High-speed chases put innocent drivers, passengers, and pedestrians at risk. Police officers are also at significant risk during vehicle pursuits. Texas law recognizes these dangers and punishes vehicle evasion much more severely.
A vehicle pursuit doesn’t require a high-speed chase. Even a slow-speed evasion—driving away from police at normal speeds or taking side streets to avoid them—can result in a State Jail felony if it’s deliberate.
Serious Bodily Injury: 3rd Degree Felony
If someone suffers serious bodily injury during your evasion (whether caused by you, police, or the pursuit itself), evading becomes a 3rd degree felony: 2 to 10 years in prison and a $10,000 fine.
This includes injuries to police officers, occupants of your vehicle, innocent bystanders, or anyone else affected by the chase. If a pedestrian is hit during the pursuit or if a police officer is injured during the chase, the charge escalates significantly.
Death: 2nd Degree Felony
If someone dies during or as a result of your evasion, it’s a 2nd degree felony: 2 to 20 years in prison and a $10,000 fine.
A death doesn’t need to be directly caused by your actions. If someone dies during the pursuit as a result of the overall event—a heart attack from the stress of the chase, a crash caused by the pursuit—the death can be attributed to your evasion, resulting in a 2nd degree felony.
Real Examples: Denton and Surrounding Areas
Vehicle pursuits in Denton, Lewisville, and surrounding areas have resulted in serious convictions:
- A Denton man evading on I-35E, hitting speeds over 100 mph, endangered multiple vehicles before crashing. He faced a State Jail felony for the evasion itself, plus additional charges for reckless driving and failure to maintain a single lane. His sentence included 18 months for evading plus concurrent sentences on the other charges.
- A Lewisville woman evaded police on residential streets, thinking she could outrun them and avoid a DWI arrest. She was charged with both DWI and evading on foot (Class A misdemeanor). Her license was suspended for DWI, and the evading charge created a criminal record that affected her nursing career.
- A Fort Worth driver fleeing a traffic stop accelerated to 80+ mph on city streets, eventually causing a crash that injured a passenger in another vehicle. He faced a 3rd degree felony for evading with injury, plus assault charges and reckless endangerment. He served 4 years in prison.
These aren’t unusual cases—they’re common outcomes of evasion charges in North Texas.
Why People Evade (And Why It Always Makes Things Worse)
People evade for various reasons, and while the reasons might explain the behavior, they don’t excuse it legally:
- Drug possession or intoxication: Someone with drugs in the car or a high BAC panics when police approach. They think running might avoid arrest. In reality, fleeing creates a much worse situation—now they face both the drug charge and a felony evasion charge.
- Outstanding warrants: Someone with a warrant for their arrest tries to avoid going back to jail. Evading compounds the problem and adds a new felony to their record.
- Suspended license: Someone driving with a suspended license sees police and panics. Instead of a simple suspended license ticket, they now face both a suspended license charge and evasion.
- Panic or poor judgment: Young drivers, first-time offenders, or people in crisis situations sometimes react without thinking. A moment of panic becomes years of consequences.
- Misunderstanding of the law: Some people think that if they reach home or a safe place, police can’t arrest them. This is false. Police can arrest you anywhere, and trying to get away makes it worse.
The reality is simple: evading makes everything worse. If you cooperate with police, you might face the original charge and nothing more. If you evade, you add a felony (or misdemeanor) to your record and dramatically increase your sentence exposure.
The Prosecution’s Case Against You
Evading arrest cases are generally straightforward for prosecutors. They need to prove three elements:
- You were intentionally fleeing from a police officer.
- You knew (or should have known) it was a peace officer.
- You had notice of the officer’s attempt to stop you.
Most defendants don’t dispute that they fled. The question is usually why they fled and whether they knew it was actually a police officer.
Evidence Prosecutors Use
- Video footage from police dashcams and body cameras. This is usually the strongest evidence. The video shows you fleeing from clearly marked police vehicles and uniformed officers.
- Witness testimony from the pursuing officers. Police testify about your vehicle, the pursuit, the speeds, and your actions. They describe the officer’s uniform, lights, and attempts to stop you.
- Your statements to police. If you admitted to fleeing, this is used against you. This is why remaining silent is critical.
- GPS data and phone records. If you were using GPS or your phone was pinging cell towers, prosecutors can show your location during the pursuit.
- Damage to vehicles or property. If your vehicle was damaged during the pursuit or if you damaged property while evading, this is evidence of the flight.
Defense Strategies in Evading Cases
Challenging Whether You Knew It Was Police
This is a weak defense in most cases, but it’s sometimes viable. If the police vehicle wasn’t clearly marked, if the officer wasn’t in uniform, or if the lights and sirens weren’t activated, you might argue you didn’t know it was police.
In reality, this defense works rarely. Most police vehicles are clearly marked, and most officers are in uniform. But if there’s any ambiguity, we explore it.
Challenging Whether You Fled Deliberately
Some cases involve ambiguous facts about whether flight was intentional. Did you accidentally turn into a different lane before realizing it was police? Did you pull into a parking lot to let the officer pass, not realizing they were trying to stop you?
These situations are rare, but they create factual disputes that we exploit.
Challenging the Identity of the Pursuing Officer
In rare cases, the person pursuing you wasn’t actually a police officer. We verify that the officer was properly identified and authorized to make an arrest attempt.
Challenging Probable Cause for the Initial Stop
If police stopped you without probable cause, they had no right to attempt your arrest. If we can prove the initial stop was unlawful, the evasion charge might be dismissed because there was no lawful arrest attempt.
For example, if police pulled you over for a traffic violation without reasonable suspicion (like a broken taillight), and the traffic stop was unlawful, the subsequent evasion charge is challenged.
Negotiating with the Prosecutor
The strongest strategy in most evasion cases is negotiation. If you have a weak prior criminal history, if the evasion was on foot (Class A misdemeanor) rather than in a vehicle, or if there was no injury, prosecutors might be willing to reduce or drop the evasion charge in exchange for a guilty plea to the original offense.
We also negotiate for probation or reduced sentences. A first-time offender evading on foot might negotiate probation instead of jail time. A vehicle evasion case with no injuries might be negotiated from a State Jail felony to a Class A misdemeanor.
Denton and Surrounding Area Courts
Denton County has multiple courts handling criminal cases: Denton County District Court, Justice Court, and Municipal Court. Judges in Denton are generally moderate on criminal charges, though they take evasion seriously because of public safety concerns.
The Denton Police Department actively prosecutes evading charges. However, the prosecutors in Denton are sometimes willing to negotiate, especially for first-time offenders. Our relationships with Denton prosecutors and judges give us leverage in these cases.
Surrounding areas like Lewisville, Flower Mound, The Colony, and Fort Worth have different prosecutor’s offices and judges, each with different approaches to evasion charges. Knowing which judges and prosecutors are reasonable is critical to getting the best outcome.
What Happens If You’re Convicted
A conviction for evading arrest carries serious collateral consequences beyond the sentence:
- Criminal record: An evading conviction is a permanent criminal record visible to employers, landlords, licensing boards, and the public.
- Employment: Many employers conduct background checks and won’t hire someone with an evasion conviction, especially in positions involving driving or public interaction.
- Professional licenses: Teachers, nurses, counselors, and other licensed professionals face potential license suspension or revocation.
- Driver’s license: Evasion often involves suspended license charges or license suspension as a collateral consequence.
- Insurance: Auto insurance becomes more expensive or unavailable after an evasion conviction.
- Immigration: Non-citizens convicted of evading arrest may face deportation.
Taking Action Now
If you’re facing evading arrest charges in Denton or surrounding areas, contact our Dallas Fleeing & Eluding Lawyer immediately. The first hours and days after arrest are critical.
Do not admit to evading. Do not discuss the pursuit with police. Remain silent and request an attorney.
Our attorneys will:
- Review the circumstances of the pursuit and identify any violations of your rights.
- Challenge the evidence against you, including dashcam footage, witness testimony, and police procedures.
- Negotiate aggressively with prosecutors for reduced charges or dismissal.
- Prepare your case for trial if negotiation doesn’t result in an acceptable outcome.
- Protect your rights throughout the process and ensure you receive fair treatment.
Evading arrest charges can result in years in prison and a permanent criminal record. But with aggressive legal representation, we can minimize the damage and protect your future.