When Is Running From The Cops A Felony?

by Richard Jones  - May 23, 2023

When Is Running From The Cops A Felony?

– BY, Texas


There are two basic ways you can be charged with a felony for running from the police. One is you have been previously convicted of running from the cops on foot. A second way is if you flee in a motor vehicle.

Both kinds of evading are state jail felonies and carry a punishment of six months to two years in the state jail. It is not a defense that you had not committed a crime. Another way to turn running from a cop into a felony is if the officer gets hurt while chasing you.

For example, you kick the cop while climbing a fence then you’ve just committed the offense of assault on a peace officer. These cases are usually easy for the prosecutor to prove because cops tend to show up for court and most juries have little reason that a cop might lie or shade the truth.

As with lying to a cop, most of the time the evading charge is worse than the charge (I.e. trying to avoid being arrested for traffic warrants) the person was trying to avoid.

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.

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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.