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.
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