4.425 — EVADING A PEACE OFFICER WITHOUT VIOLENCE

Violations of "Statute 4.425" results in a Class A Misdemeanor

(a) Definitions

Evading a peace officer without violence refers to the act of intentionally fleeing or attempting to elude a law enforcement officer without using force or violence. This charge applies when a person attempts to evade arrest or detention by running, driving away, or otherwise attempting to escape without resorting to violent actions against the officer or others.

(b) Elements

To establish the offense of evading a peace officer without 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 did not use violence or force in attempting to avoid apprehension.
The defendant’s actions were intentional and meant to avoid arrest or detention by the officer.
The defendant knew or should have known that the individual pursuing them was a law enforcement officer.

(c) Defenses

Defenses against a charge of evading a peace officer without violence may include:

The defendant did not willfully flee from the officer or was unaware of the officer’s presence.
The defendant was not intentionally attempting to evade arrest, but rather was simply unaware of the officer’s orders or presence.
The defendant’s actions were based on a reasonable belief of fear or confusion, not on a willful intent to evade arrest.

(d) Aggravating Factors

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

The defendant was driving recklessly or in a manner that endangered public safety during the evasion.
The defendant's attempt to evade resulted in significant traffic disruption or public danger.
The defendant has a prior history of evading law enforcement or similar offenses.
The defendant’s actions led to a prolonged chase or a dangerous situation for law enforcement or the public.

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Last updated 2 months ago

(a) Definitions

(b) Elements

To establish the offense of evading a peace officer without 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 did not use violence or force in attempting to avoid apprehension.

The defendant’s actions were intentional and meant to avoid arrest or detention by the officer.

The defendant knew or should have known that the individual pursuing them was a law enforcement officer.

Defenses against a charge of evading a peace officer without violence may include:

The defendant did not willfully flee from the officer or was unaware of the officer’s presence.

The defendant was not intentionally attempting to evade arrest, but rather was simply unaware of the officer’s orders or presence.

The defendant’s actions were based on a reasonable belief of fear or confusion, not on a willful intent to evade arrest.

(d) Aggravating Factors

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

The defendant was driving recklessly or in a manner that endangered public safety during the evasion.

The defendant's attempt to evade resulted in significant traffic disruption or public danger.

The defendant has a prior history of evading law enforcement or similar offenses.

The defendant’s actions led to a prolonged chase or a dangerous situation for law enforcement or the public.