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Facing an evading arrest charge is a serious matter. In order to preserve and protect your rights, and to avoid a conviction, it is critical that you understand what you are up against and how a successful defense can be mounted on your behalf. Here, we will discuss some of the common defenses raised against an evading arrest charge.

Common Defenses to an Evading Arrest Charge

In Texas, evading arrest typically involves fleeing from law enforcement with the intent to avoid arrest or detention. This offense can be charged as a misdemeanor or felony, depending on the circumstances surrounding the incident. Whether you are accused of evading on foot or in a vehicle, mounting a strong defense is crucial to safeguarding your future. Some of the most common defenses against evading arrest charges include:

  • Lack of intent: One of the primary elements the prosecution must prove in an evading arrest case is the defendant’s intent to avoid arrest or detention. It can be argued in some cases that the accused did not have the requisite intent, perhaps mistaking the police presence for a different situation or being unaware of law enforcement’s attempt to detain them.
  • Lawful detention: The legality of the initial detention is a critical factor in an evading arrest case. If law enforcement did not have reasonable suspicious or probably cause to detain the individual in the first place, the defense can challenge the legitimacy of the stop. If the initial detention is deemed unlawful, any subsequence attempt to evade arrest may be viewed in a different legal light.
  • Duress or necessity: In some cases, individuals may be forced to flee due to circumstances beyond their control, such as threats to their safety. A defense based on duress or necessity argues that the accused had no reasonable alternative but to evade arrest to protect themselves from harm. This defense underscores the importance of considering the broader context in which the incident occurred.
  • Mistaken identity: Mistaken identity is a defense that can be particularly effective in evading arrest cases. It may be argued that law enforcement officers misidentified the defendant as a suspect or that the accused was not the person they were attempting to detain. Establishing a solid alibi or providing evidence of mistaken identity can significantly impact the outcome of the case.
  • Lack of flight: Not all attempts to avoid law enforcement constitute evading arrest. A skilled defense attorney may argue that the defendant did not engage in a willful and intentional flight, but rather engaged in actions motivated by factors unrelated to avoiding arrest. This defense relies on establishing that the defendant’s behavior was not a direct response to law enforcement’s attempt to detain them.

Criminal Defense Attorneys

Evading arrest charges can have serious consequences, including fines, imprisonment, and a tarnished criminal record. At Navarrete & Schwartz, we recognize the importance of a robust defense strategy tailored to the unique circumstances of each case. We are proud to serve the residents of Midland, Texas. Contact us today.