Is It Evading Arrest if You Were Not Running Away?

 Posted on March 07, 2025 in Criminal Defense

When people imagine someone evading arrest, they often picture the person sprinting away from the police and running for cover. However, you can face criminal charges even if you were not running at the time. In Texas, evading arrest can apply in many situations—including when someone refuses to stop, walks away, or drives off slowly instead of pulling over immediately.

If you were charged with evading arrest, it is important to understand the law, how it applies, the possible penalties, and potential defense strategies. A knowledgeable Texas criminal defense lawyer can answer all your questions and explain your options.

What Does Texas Law Say About Evading Arrest?

According to Texas law, you are guilty of evading arrest or detention if you intentionally flee from someone you know is a police officer while the officer is lawfully attempting to arrest or detain you. Some key components to note here include:

Intention

The prosecution needs to prove that this was not a mistake on your part but something you did on purpose.

Act of Fleeing

This does not need to mean that you actually ran away. In Texas, any action taken to avoid being detained can be considered evasion.

Identity of the Arresting Officer

If there were no outer identifying features proclaiming that the person trying to detain you was a law enforcement official, or you could not have been reasonably expected to assume so, you might be able to contest the charges.

Examples of Evading Arrest Without Running

In several situations, you can be charged with evading arrest even if you never break into a sprint. For example:

• Walking away when an officer tells you to stop
• Continuing to drive instead of immediately pulling over when an officer turns on their lights and sirens
• Ignoring an officer’s commands, whether because you are hesitating, confused, arguing, or refusing to comply
• Hiding from law enforcement behind a building, in a car, or anywhere else to avoid being seen by police

What Are the Penalties for Evading Arrest in Texas?

The consequences you could face for an evading arrest charge depend on how the situation unfolded. For example, if you evade on foot, you could be charged with a Class A misdemeanor for a first offense, which is punishable by up to one year in jail and a $4,000 fine. If you are accused of evading in a vehicle, even without speeding or driving recklessly, you would likely be charged with a state jail felony, which is punishable by up to two years in state jail and a $10,000 fine.

If anyone gets hurt or killed as a result of your alleged attempt to evade arrest, the felony charges would be enhanced. Depending on the circumstances you could be charged with a third-degree felony, which would carry a prison sentence of two to ten years, or a second-degree felony, with a sentence of two to 20 years.

There are many valid defenses against these charges. If you did not realize the police were trying to stop you, you did not intentionally evade arrest, the arrest was unlawful, or you were experiencing some type of medical emergency at the time, the charges might not hold up in court. By working with a skilled lawyer, you can make sure you are giving yourself the best chance at beating the charges.

Schedule a Free Consultation with a Houston, TX Criminal Defense Lawyer

In Texas, you might face charges for evading arrest even if you never ran away from the police. With the potential penalties so serious, it is imperative that you speak with a qualified Houston, TX defense attorney. At Murphy & McKinney Law Firm, P.C., we are dedicated to protecting our clients’ rights and getting them the best outcomes. Call us at 713-229-8333 today to schedule a free consultation.