Criminal Defense and family law

AuClair Law Firm

Resisting arrest, search, or transportation

Under the Texas Penal Code this offense is committed if a person intentionally prevents or obstructs a person they know is a peace officer (or a person acting in a peace officers direction) from effecting an arrest, search, or transportation of the individual or another person by using force again the peace officer or another. This is a Class A Misdemeanor. It is a Third Degree Felony if a deadly weapon is used to resist the arrest or search. 

Evading arrest or detention 

Under the Texas Penal Code a person commits this offense if they intentionally flee from a person they know is peace office or federal special investigator who is attempting to lawfully arrest or detain them. This is a Class A Misdemeanor. It is a State Jail Felony if the defendant has been previously convicted or evading arrest of detention and it is a Third Degree Felony if a vehicle is used while in flight. It is also a Third Degree Felony if a vehicle, or watercraft is used to flee and the person has been previously convicted of evading arrest or detention. Again, a Third Degree Felony if someone suffers serious bodily injury as a direct result or an attempt by a peace officer or investigator to apprehend the offender while they are in flight. It is a Second Degree Felony if someone dies as a direct result of an attempt by the police or investigator to apprehend the individual while the individual is in flight.