Experienced Defense for Evading, Resisting, and Failure to Identify Charges in Houston.
If you’ve been charged with evading arrest, evading detention, or resisting arrest in Houston or Harris County, it’s important to take steps to protect your rights. These charges often arise during interactions with law enforcement and can lead to significant consequences. A conviction could result in hefty fines and jail time. It will permanently appear on your public record, potentially making it difficult for you to get a job, loan, or housing.
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Houston Evading Arrest attorney Lisa Shapiro Strauss can help. Lisa is an experienced Houston criminal defense lawyer who understands these charges. She has the expertise, skills, and dedication to guide you through the process and fight the allegations against you.
Understanding Evading Arrest Charges in Texas
According to Title 8, Chapter 38 of the Texas penal code, a person commits the offense of evading arrest if they intentionally flee from a person they know is a peace officer or federal special investigator attempting to lawfully arrest or detain them.
The key elements here are the intentional flight and knowing that the person pursuing is a peace officer lawfully attempting to arrest or detain.
Understanding Evading Detention Charges
Closely related to evading arrest is the charge of Evading Detention. Under Texas Penal Code Section 38.04, a person also commits an offense if they intentionally flee from a person they know is a peace officer or federal special investigator attempting to lawfully detain them.
The difference between evading arrest and evading detention often lies in whether the officer had probable cause for a full arrest versus reasonable suspicion for a temporary detention (like a traffic stop). Both charges involve intentionally fleeing from an officer you know is attempting to stop you.
Understanding Resisting Arrest Charges in Texas
In Texas, a person commits the crime of resisting arrest when they intentionally prevent or obstruct a person they know to be a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.
Unlike evading, resisting arrest specifically involves the use of force to prevent the arrest, search, or transportation. Resisting arrest is a distinct charge from fleeing.
Understanding Failure to Identify Charges in Houston or Harris County
You can also be arrested and charged with failure to identify if you intentionally refuse to provide your name, residence address, or date of birth to a law enforcement officer who has lawfully detained or arrested you and requested the information. You can also be charged if you refuse to identify yourself when a law enforcement officer believes you were a witness to a criminal offense.
This charge often accompanies evading or resisting arrest charges during an interaction with police in Houston or Harris County. It applies when you fail to provide identifying information after being lawfully detained or arrested. You can also be charged if you intentionally supply false or fictitious information to law enforcement.
Penalties & Consequences for These Charges in Houston & Harris County
The penalties for evading arrest, evading detention, resisting arrest, and failure to identify charges in Texas depend on the specific circumstances and the level of the offense charged (misdemeanor or felony). Convictions can result in significant fines, jail or prison time, and a permanent criminal record.
Misdemeanor Penalties (Evading, Resisting, Failure to Identify)
These charges are often filed as misdemeanors initially:
- Class C Misdemeanor (Typically Failure to Identify): Fines of up to $500 (no jail time).
- Class B Misdemeanor (Typically Enhanced Failure to Identify): Fines of up to $2,000 and up to 180 days in county jail.
- Class A Misdemeanor (Typically Evading Arrest, Evading Detention, Resisting Arrest): Fines of up to $4,000 and up to a year in county jail.
Felony Penalties (Evading, Resisting)
Certain factors can elevate Evading and Resisting charges to felonies:
- State Jail Felony (Evading Arrest/Detention): If you’ve been previously convicted for evading arrest/detention, or used a vehicle or watercraft to evade arrest/detention. Penalties: Fines up to $10,000 and 180 days to 2 years in a state jail facility.
- Third Degree Felony (Evading Arrest/Detention): If you use a vehicle or watercraft to evade arrest/detention and someone suffers serious bodily injury as a result, or you try to evade arrest by using a tire deflation device against pursuing law enforcement. Penalties: Fines up to $10,000 and 2 to 10 years in state prison.
- Second Degree Felony (Evading Arrest/Detention or Resisting Arrest): If someone dies or an officer is injured due to a tire deflation device used while evading arrest/detention, OR if you use a deadly weapon to resist an arrest or search. Penalties: Fines up to $10,000 and 2 to 20 years in state prison.
Lasting Consequences in Houston & Harris County
Beyond the direct fines and potential jail/prison time, a conviction for these offenses in Houston or Harris County will permanently appear on your public record. This can make it difficult to secure a loan, get a job, or find a place to live.
Building Your Defense Against These Allegations
If you’ve been charged with evading, resisting, or failure to identify in Houston or Harris County, it’s important to remember that you’re innocent until proven guilty. A Houston evading arrest attorney can employ a number of effective legal defense strategies may help to have the charges against you dismissed or reduced.
Possible Defense Strategies
Depending on the specific circumstances of your interaction with law enforcement and the charge you face, potential defenses may include arguing that:
- Law enforcement officers failed to or improperly identified themselves as officers.
- You were unaware that law enforcement was in pursuit of you or attempting to lawfully detain/arrest you.
- You misunderstood when law enforcement wanted to detain or arrest you.
- There was no probable cause for your arrest or no reasonable suspicion for your detention in the first place.
- You were the victim of an unlawful search or seizure.
- Any use of force was in lawful self-defense against excessive force by the officer.
- The prosecution has insufficient evidence to prove every element of the charge beyond a reasonable doubt.
The sooner you take steps to defend yourself against these charges the better. Lisa Shapiro Strauss will investigate your case, examine the evidence against you, and formulate an effective defense strategy.
Why Choose Lisa Shapiro Strauss for Your Defense?
Facing charges of evading arrest, evading detention, resisting arrest, or failure to identify in Houston or Harris County requires a defense attorney with specific experience in cases involving interactions with law enforcement. Lisa Shapiro Strauss offers critical qualifications to defend you.
The Former Prosecutor Advantage
Lisa Shapiro Strauss is a Former Prosecutor. She understands the criminal justice system from both sides. As a former prosecutor, she was trained by prosecutors, so she knows how they approach each type of criminal case. Her background provides invaluable insight into the strategies and evidence likely to be used by the Harris County District Attorney’s Office in cases stemming from police encounters. This insider knowledge is a significant advantage in anticipating their moves and building a more effective defense strategy for you in a Houston courtroom.
Extensive Experience in These Cases
With Over 25 Years of Experience as a criminal defense attorney, Lisa has helped clients charged with evading arrest, resisting arrest, failure to identify, and other misdemeanors and felony crimes avoid jail. Her representation often results in dismissed or reduced charges for her clients. She understands the specific legal nuances and defense strategies applicable to these types of cases.
Local Knowledge of Harris County Courts
Her experience and unique background enable her to work with clients through many of life’s toughest situations. She knows the prosecutors, judges, court staff, and the way the system works in Harris County. This local knowledge is a significant asset in navigating the legal process efficiently and effectively on your behalf.
Frequently Asked Questions About Evading, Resisting, and Failure to Identify Charges
Facing charges related to fleeing or resisting law enforcement in Houston can lead to many questions. Here are answers to some common ones:
What is the difference between evading arrest and evading detention?
Both involve intentionally fleeing from a known officer. Evading arrest applies when the officer is attempting a lawful arrest (requiring probable cause), while evading detention applies when the officer is attempting a lawful temporary detention (requiring reasonable suspicion).
How is resisting arrest different from evading?
Can I be charged with failure to identify just for not giving my name?
Yes, if you are lawfully detained or arrested and intentionally refuse to provide your name, address, or date of birth when requested by the officer. Supplying false information can lead to a higher charge.
Is evading arrest with a vehicle always a felony?
Yes, under Texas law, evading arrest or detention using a vehicle is typically a State Jail Felony on the first offense. It can be a higher felony (Third or Second Degree) if injury or death results or a tire deflation device is used.
Can these charges be dismissed?
Yes, depending on the specific facts and legal challenges. Defenses often involve challenging the lawfulness of the initial detention or arrest, the officer’s identification, or the intent to flee/resist. An attorney can evaluate if dismissal is possible.
Should I talk to the police if they stop me?
You have the right to remain silent. Providing identifying information is required if lawfully detained or arrested, but you are generally not required to answer questions about the incident itself without an attorney present. It is usually best to politely assert your right to remain silent and ask to speak with a lawyer.
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Harris County Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in cases involving interactions with law enforcement. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing charges like evading arrest, resisting arrest, and failure to identify in Houston and Harris County.
Protect Your Rights: Get Help Today
Facing charges of evading arrest, evading detention, resisting arrest, or failure to identify in Houston or Harris County can have significant consequences that impact your record and your freedom. These cases require an attorney who understands the specifics of police procedures and Texas law.
Lisa Shapiro Strauss provides experienced defense for individuals facing these charges. With her background as a Former Harris County Prosecutor and extensive experience in local courts, she is uniquely qualified to evaluate your case and build a strong defense strategy.
Don’t talk to the police or make statements without an attorney present. Protect your rights and your future by contacting the law office of Lisa Shapiro Strauss today for a free consultation.
