Evading Arrest or Detention in Dallas-Fort Worth
Charged with Running from Police in Dallas, Fort Worth, Denton, or McKinney? Call Texas Defenders at 214-306-9696
A split-second decision to run from police—on foot or in a car—can turn a minor encounter into a felony charge. Texas takes evading arrest very seriously, and prosecutors often treat it as a public safety issue, especially when it involves a vehicle.
At Texas Defenders, we represent clients in Dallas, Tarrant, Collin, and Denton counties who have been charged with evading arrest or detention. Whether it happened during a traffic stop, a chase, or a misunderstanding, we know how to fight these charges and protect your record.
What Is Evading Arrest in Texas?
Under Texas Penal Code § 38.04, evading arrest occurs when a person intentionally flees from a police officer or other law enforcement official who is lawfully attempting to arrest or detain them.
You can be charged with evading arrest if you:
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Run from police after being told to stop
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Drive away during a traffic stop
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Refuse to pull over when police lights are activated
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Exit the scene while officers are attempting a detention
Even if you weren't under arrest yet, evading can still be charged based on an officer's attempt to detain you.
Penalties for Evading Arrest in Texas
The severity of the charge depends on how the evading occurred and your prior criminal history.
| Circumstance | Charge | Penalty |
|---|---|---|
|
Evading on foot (first offense) |
Class A Misdemeanor |
Up to 1 year in jail and $4,000 fine |
|
Evading on foot with prior conviction |
State Jail Felony |
6 months – 2 years in state jail |
|
Evading in a vehicle |
Third-Degree Felony |
2–10 years in prison and up to $10,000 fine |
|
Evading causes injury or death |
Second-Degree Felony |
2–20 years in prison |
⚠️ Evading in a motor vehicle is always a felony, even if no one was hurt and no other crimes occurred.
Common Situations Leading to Evading Charges
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Running after being stopped for shoplifting or trespassing
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Fleeing a traffic stop with an expired license or no insurance
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Speeding away from officers with active warrants
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Walking or jogging away after being told to stop
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Passenger in a car that refuses to stop (yes, even passengers may be charged)
In many cases, the person didn't know they were being detained—or simply panicked.
How We Defend Evading Arrest Charges
At Texas Defenders, we aggressively challenge the state's version of what happened. Our legal strategies may include:
✅ No Intent to Evade
We show that you didn't know you were being stopped, or you had a legal reason to keep moving (e.g., unsafe area to pull over).
✅ Unlawful Detention
If the stop or arrest itself was illegal, we push to have the charge dismissed.
✅ Mistaken Identity or Miscommunication
In chaotic scenes, the wrong person may be arrested or charged unfairly.
✅ Diversion or Deferred Adjudication
We fight to keep your record clean, especially for first-time offenders or minors.
Local Courts, Local Experience
We handle evading charges throughout North Texas, including:
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Dallas County – Dallas, Garland, Cedar Hill, Duncanville
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Tarrant County – Fort Worth, Arlington, Hurst, Bedford
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Denton County – Denton, Lewisville, Flower Mound, The Colony
We know the prosecutors, judges, and procedures in each of these counties—and how to negotiate the best outcome for your case.
Don't Let One Bad Decision Lead to a Felony Record
A charge for evading arrest can follow you for life, impacting your job, housing, education, and even immigration status. But you may have defenses. You may qualify for a dismissal. And you absolutely need the right lawyer on your side.
Call Texas Defenders at 214-306-9696 now for a free consultation. We'll review your case, explain your options, and fight to keep this off your record.
