Evading arrest
laws vary state by state.
When a person commits a crime and knows the police plan to arrest him, he may think that avoiding, or evading, arrest will solve his problems. Legislation addresses the crime of evading arrest which can cause additional complications for the offender.
Definition
Evading arrest occurs when a person knowingly flees from identified law enforcement personnel. The suspect should know the officer plans to make an arrest or the suspect may have already been arrested. Prosecution can consider evading arrest an aggravating factor and use it to enhance sentencing.
Penalty
California statutes, for example, specifically prohibit evading arrest or fleeing from a law enforcement officer in a car or on a bike. The suspect will be charged with a misdemeanor, punishable by up to a year in jail.
Enhanced Sentence
In Texas, the evader will received a felony charge if she has a previous conviction for evading arrest or if someone suffers serious injury or dies during the process of her evasion.
