Frisco, TX Evading Arrest With Motor Vehicle Attorneys

Knowledgeable Lawyers for Charges of Fleeing and Evading Police in Frisco, Texas

Evading arrest with a motor vehicle is a serious criminal offense in Texas. When someone fails to stop for law enforcement and attempts to flee in a car, truck, or other motorized vehicle, they may face felony charges, and significant penalties may apply if they are convicted. Even if the chase was brief and no one was injured, the act of fleeing from police can result in lasting legal consequences.

The attorneys at Barbieri Law Firm represent clients in Frisco who are facing charges of evading arrest or fleeing from police in a motor vehicle. We understand the urgency of these cases, and we work quickly to investigate the facts, challenge the prosecution's evidence, and build strong defenses aimed at avoiding a conviction or reducing the severity of our client's penalties.

Charges of Evading Arrest With a Motor Vehicle

Texas Penal Code Section 38.04 details the offense of evading arrest, including in situations where a person uses a motor vehicle. Accusations that a person intentionally fled from a police officer who was making a lawful attempt to detain or arrest them could lead to criminal charges. When a motor vehicle is used during the act of fleeing, the offense becomes a felony.

To be convicted of this offense, the prosecution must show:

• A law enforcement officer attempted to lawfully detain or arrest the person
• The person was aware that a peace officer was attempting to stop them
• The person intentionally fled from the officer
• A motor vehicle was used in the attempt to flee

Charges may apply whether the vehicle was a car, truck, motorcycle, ATV, or any other motorized mode of transport.

Examples of Situations That May Lead to Charges

A person may be charged with evading arrest with a vehicle even if they did not engage in a high-speed chase or reckless driving. The act of failing to pull over or attempting to avoid contact with police may be a reason for prosecutors to pursue a felony charge. Common scenarios that may result in a person being charged with this offense include:

• A driver sees police lights and sirens but refuses to stop
• Someone involved in a suspected crime leaves the scene in a vehicle as officers approach
• A person makes a sudden turn or exits a roadway to avoid a traffic stop
• A person attempts to evade law enforcement on a motorcycle or off-road vehicle

The prosecution may use dashcam footage, officer testimony, or video footage from other sources to establish that a suspect purposely attempted to flee when they knew that a law enforcement officer had asked them to stop or was pursuing them.

Penalties for Evading Arrest With a Motor Vehicle

Evading arrest in a motor vehicle is a felony in Texas, and the level of the charge may depend on factors such as whether anyone was injured and whether other aggravating factors were involved. The specific charges may include:

• Third-Degree Felony: This charge may apply based on the use of a vehicle to flee from police, a serious bodily injury that occurred while fleeing from law enforcement, or the use of a tire deflation device against police while fleeing. The penalties for a conviction may include a sentence of two to 10 years in prison.
• Second-Degree Felony: If someone was killed during a chase in which a person was attempting to flee from police, or if a serious injury occurred due to a person's use of a tire deflation device while fleeing, the penalties may include a sentence of two to 20 years in prison.

Other factors, such as damage to property or injuries to bystanders, may lead to additional criminal charges for offenses such as reckless driving, assault, or criminal mischief.

Defending Against Charges of Evading Arrest

The attorneys at Barbieri Law Firm can perform a careful analysis of cases involving charges of evading arrest with a motor vehicle. With our strong understanding of the law, we can take steps to determine whether a person's actions truly involved intentional flight from police and whether law enforcement officials followed the proper procedures during a traffic stop, the pursuit of a suspect, or an arrest. Potential defense strategies may include:

• Lack of Intent: If a person did not realize that police were attempting to stop them due to issues such as darkness, noise, or unclear signals, charges of evading arrest may not stand.
• No Lawful Arrest or Detention: If a police officer did not have a legal basis to initiate a stop or arrest, the entire encounter may be challenged. Any resulting charges could be dismissed or reduced.
• Mistaken Identity: In some cases, especially those involving multiple vehicles or chases that took place at night, the wrong person may be arrested and charged with a crime. Our lawyers will perform a careful investigation to identify eyewitness errors or misidentification.
• Emergency or Duress:If a person was attempting to reach medical care, was in fear for their safety, or was acting under duress, our attorneys can present these facts and take steps to mitigate the charges or penalties.
• Negotiation and Plea Agreements: If necessary, our lawyers may negotiate with prosecutors to reduce the offense to a misdemeanor, pursue probation, or secure other alternatives to incarceration.

Contact Our Frisco, TX Evading Arrest Defense Lawyers

If you are facing charges of evading arrest using a motor vehicle, experienced legal representation from a qualified attorney can help you mitigate the potential penalties you may face. Felony charges carry serious risks, and early intervention can make a significant difference in the outcome of your case. Get legal help from Barbieri Law Firm by contacting our Frisco evading arrest attorneys at 972-424-1902 and setting up a free consultation.