Evading Arrest

The Crime

Evading Arrest may be a felony offense that can seriously damage your record and your reputation. Depending upon the facts and circumstances of the case, it may also be classified as Misdemeanor Evading Arrest. In Tennessee, a person may be convicted of the crime of Felony Evading Arrest if the state prosecutor proves beyond a reasonable doubt that the person:

  1. Was operating a motor vehicle on any street, road, alley, or highway in Tennessee;
  2. Intentionally fled or attempted to elude any law enforcement officer;
  3. After having received any signal from the officer to bring the vehicle to a stop.

The Tennessee crime of Evading Arrest includes additional factors and elements not discussed on this page. For more information on this crime, contact the attorneys at the Oberman & Rice Law Firm.

[Source: Tennessee Code Annotated § 39-16-603]

The Penalties

Under Tennessee Law, Felony Evading Arrest is typically classified as a Class E Felony and may result in some or all of the following consequences:

  1. A sentence of 1 to 6 years in prison, with a mandatory minimum confinement of 30 days;
  2. A probationary period;
  3. A fine of up to $3,000;
  4. Court costs.

However, if the flight or attempt to elude created a risk of death or injury to innocent bystanders or other third parties, then the offense is elevated to a Class D Felony and may result in some or all of the following consequences:

  1. A sentence of 2 to 12 years in prison, with a mandatory minimum confinement of 60days;
  2. A probationary period;
  3. A fine of up to $5,000;
  4. Court costs.

Additionally, if the Evading Arrest results in serious bodily injury to a law enforcement officer, the offense is increased to a Class C Felony; while the death of a law enforcement officer further increases the penalty to a Class A Felony offense.

If you have been charged with the crime of Evading Arrest, you should contact the Knoxville criminal defense attorneys at the Oberman & Rice Law Firm.

[Source: Tennessee Code Annotated § 39-16-603]

Other Consequences of a Felony Evading Arrest Conviction

In addition to the court-mandated penalties, a person convicted of Evading Arrest may also experience other serious consequences. A Tennessee Felony Evading Arrest conviction may result in the loss of college scholarships or the ability to seek admission to a higher learning institution. Felony Evading Arrest convictions may impact the ability to maintain or seek employment because any current and future employers may access records of Tennessee criminal convictions. Felony Evading Arrest convictions can also result in negative action to a professional license (e.g. nursing).

A conviction for Felony Evading Arrest will ALWAYS stay on a person’s criminal history because, under current Tennessee criminal and expungement law, you may not erase or expunge a Felony Evading Arrest conviction from public record. For more information about Tennessee expungement law, please visit our sister website, https://www.eraseyourrecord.com/index.html.

Why Hire An Attorney Immediately?

It is important to begin an investigation as soon as possible to be sure that valuable evidence is not lost. Key evidence such as faces, dates, events, and conversations can fade from memory over time so, witnesses need to be interviewed as soon as possible. Additionally, video recordings and other evidence may be destroyed. Success or failure in any criminal case may be determined in the decisions of the defendant and his or her Tennessee Criminal Attorney in only a few hours or days after an arrest is made.

Contact Us Today

If you or someone you know has recently been charged, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation

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