What’s the punishment for evading arrest?

Posted by Richard Jones | May 19, 2015 | 0 Comments

Evading arrest is a Class “a” misdemeanor if it’s a first time evading on foot. The punishment range is up to a year in jail and up to a $4000 fine. If you’ve previously been convicted of evading on foot then the offense is a state jail felony. State jail felony punishment range is 6 months to 2 years in the state jail and up to $10,000 fine.

If it’s a second offense and you’ve been convicted of two prior state felonies, then it could be a third degree felony with a punishment range of 2 to 10 years in prison and up to a $10,000 fine.

As with any charge, if you have a clean record, it’s important to try to get your case reduced or get a disposition that does not involve a conviction. In Travis County, there is deferred adjudication, Pretrial diversion and deferred prosecution at the misdemeanor level available for many first time offenders. Successfully completing a deferred adjudication (basically probation without a conviction) allows you to get your record sealed. Successfully completing Pretrial diversion or deferred prosecution allows you to get your record sealed.

About the Author

Richard Jones

My name is Austin Criminal Defense Attorney and I have lived in Austin for the last 20 years.
I’m very good at this – I’ve successfully handled over 3000 misdemeanors and over 1000 felony cases. You don’t get the opportunity to handle that many cases unless you’re very good at what you do. In fact, I’ve even be…


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