4.424 — EVADING A PEACE OFFICER WITH VIOLENCE

Violations of "Statute 4.424" results in a Class F Felony

---

(a) Definitions

Evading a peace officer with violence involves the intentional act of fleeing from a law enforcement officer while using force or violence to resist arrest. This charge applies when a person actively attempts to avoid apprehension by an officer through violent actions, such as assaulting the officer or using a vehicle or weapon in a threatening manner.

(b) Elements

To establish the offense of evading a peace officer with violence, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant willfully attempted to evade or flee from a law enforcement officer.

• The defendant used violence or force in the process of attempting to evade capture.

• The defendant’s violent actions either endangered the officer, other individuals, or public safety.

• The defendant's conduct was intentional and designed to avoid apprehension by law enforcement.

(c) Defenses

Defenses against a charge of evading a peace officer with violence may include:

• The defendant did not intentionally use violence during the attempt to evade the officer.

• The defendant was acting in self-defense or under duress at the time of the incident.

• The defendant did not know that the individual pursuing them was a law enforcement officer.

• The defendant did not engage in any violent or threatening behavior toward the officer or others.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The use of a weapon, vehicle, or any other dangerous object during the attempt to evade capture.

• The defendant's violent actions resulted in injury or harm to the officer or others.

• The defendant has a history of violent offenses or a prior criminal record.

• The defendant’s evasion caused significant public danger or disruption to the safety of others.