Dallas Evading Arrest Lawyer

Evading Arrest Attorney Dallas, TX – RJ Harber



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Looking for a lawyer because you evaded your arrest? Well you’ve come to the right place! RJ Harber is the best prepared representation to fight and protect you in your case. RJ Harber is an experienced Dallas criminal defense attorney that has dealt with many evading arrest cases in his time.

For any questions, contact our offices at (214) 389-1189 or fill the form out below to get in touch.

What exactly is evading arrest?

According to the Penal Code, Title 8, Chapter 38.04., evading arrest (or detention) means:  

(a)  A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.

(b)  An offense under this section is a Class A misdemeanor, except that the offense is:

  • (1)  a state jail felony if:
    • (A)  the actor has been previously convicted under this section; or
    • (B)  the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section;
  • (2)  a felony of the third degree if:
    • (A)  the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or
    • (B)  another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
  • (3)  a felony of the second degree if another suffers death as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight.

Obstructing justice is committed when someone knowingly hinders or interferes with a police officer while they’re performing official duties. This person does not need to use force to obstruct justice. Any behavior that prevents an officer from successfully performing an official duty could constitute as obstruction.

What is the difference between evading and resisting arrest?


Resisting Arrest (and search or transportation) is defined in the Penal code in Sec. 38.08. as

(a)  A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer’s presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

(b)  It is no defense to prosecution under this section that the arrest or search was unlawful.

(c)  Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor.

(d)  An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

These crimes can be committed not only against a police officer, but also transit officers, university police, sheriffs, and correctional officers.

Charged with an evading arrest offense?


Contact the Law Offices of RJ Harber

The law Offices of RJ Harber are a Dallas-based private law practice defending the citizens of the Dallas/Fort Worth metroplex. As a Dallas-native and former Dallas County prosecuting attorney, RJ Harber is the best attorney to represent you in your case. Let the Law Offices of RJ Harber advise you in right direction with your evading arrest and/or resisting arrest case.

To learn more, contact RJ Harber for a case consultation.


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Don’t leave your fate up to chance. Call our law office today to find out how you can fight your case to the best of your ability.

Call the Law Offices of RJ Harberfor a free DUI consultation