by Richard Jones  - June 6, 2023

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.

Richard Jones

Austin criminal defense attorney Richard Jones. This legal practice is dedicated to helping individuals like you—those caught in the crosshairs of criminal allegations and in dire need of dependable legal counsel. Richard also proficient in handling allegations related to theft crimes and is prepared to assist you during this stressful time.