Texas Evading Arrest Defense Attorney
Evading arrest is one of the most over-filed charges in Texas — and one of the most defensible. The state must prove you knew a peace officer was lawfully trying to detain you and that you intentionally fled. We defend evading cases for a $5,000 flat fee.
Last updated: July 3, 2026
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Misdemeanor vs. felony evading
Under Texas Penal Code §38.04, evading on foot is generally a Class A misdemeanor. Use a vehicle and it becomes a felony — even a short drive to a well-lit parking lot has been charged as felony evading. Prior evading convictions and injuries to others raise the level further.
What the state must prove — and where it fails
The core elements are knowledge and intent: you must have known the person was an officer, known they were attempting a lawful detention, and intentionally fled. Cases fall apart when the detention wasn’t lawful, when the “flight” was really confusion, fear, or looking for a safe place to stop, or when the officer’s emergency lights and commands weren’t clearly communicated. As former police officers, we know exactly how pursuit reports are written — and how dash and body camera footage often tells a different story.
Evading vs. resisting vs. failure to ID
Prosecutors sometimes stack evading with resisting arrest or failure to identify. These are distinct offenses with distinct elements, and the overlap is fertile ground for dismissals and reductions — especially when one charge contradicts another.
Transparent flat-fee pricing
| Service | Flat fee | 10-month financing |
|---|---|---|
| Evading Arrest Defense | $5,000 | $500 / month |
We offer 10 monthly payments with the first payment due at hiring. Listed fees are for payment in full or auto-payment financing; the client is responsible for keeping the credit card on file updated. Your exact flat fee is confirmed at your free consultation. Facing multiple charges from the same arrest? We discount combined representation. See our complete published fee schedule. Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.
Common questions
How much does an evading arrest lawyer cost in Texas?
Our fee is a $5,000 flat fee with 10-month financing ($500/month). Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.
Is evading arrest a felony in Texas?
On foot it is generally a Class A misdemeanor. In a vehicle it is a felony. Priors and injuries increase the level.
Can an evading arrest charge be beaten?
Frequently. The state must prove you knew an officer was lawfully detaining you and intentionally fled. Unlawful stops, unclear commands, and camera footage that contradicts the report all produce dismissals and reductions.
