Nashville Evading Arrest Lawyer

Evading arrest is a serious offense in Tennessee that can lead to significant legal consequences. Understanding the differences between misdemeanor and felony evading, as well as the potential penalties involved, is critical if you or a loved one is facing charges for evading arrest.

What is Evading Arrest in Tennessee?

In Tennessee, evading arrest occurs when a person intentionally attempts to flee or avoid capture by law enforcement officers who are performing their official duties. The offense of evading arrest can be charged as either a misdemeanor or a felony, depending on the circumstances of the attempt to flee and the method used to evade arrest.

Misdemeanor Evading Arrest

Misdemeanor evading arrest generally applies when an individual evades arrest on foot. For instance, running away from a police officer during a lawful attempt to arrest could lead to a misdemeanor evading charge. While this is a lesser charge compared to felony evading, it is still a serious offense that can result in criminal penalties, including fines and jail time.

Felony Evading Arrest

Felony evading arrest is fleeing in a motor vehicle to escape. It is charged as a felony due to the risk to public safety and the potential for causing accidents or injuries during the pursuit.

What is the Punishment for Evading Arrest?

Tennessee law assigns different penalties for misdemeanor and felony evading arrest based on the severity of the offense.

• Misdemeanor Evading Arrest: A misdemeanor conviction for evading arrest can result in up to 11 months and 29 days in jail, a fine, and potential probation. The exact sentence may vary based on the circumstances and any prior criminal history.
• Felony Evading Arrest: A felony conviction carries much more severe penalties, which may include multiple years in prison, larger fines, probation, and other legal consequences. Felony evading arrest can be classified as a Class E or Class D felony in Tennessee, with a Class D felony carrying the possibility of 2–12 years in prison, while a Class E felony may result in 1–6 years of incarceration.

If death or serious injury results from evading arrest, the penalties are greater.

What is the Difference Between Evading Arrest and Resisting Arrest?

Although both charges involve interference with law enforcement, the are based on very different facts.

• Evading Arrest: Involves attempting to flee from law enforcement, whether on foot or by vehicle. The intent is to escape or avoid capture.
• Resisting Arrest: Involves physically obstructing or interfering with an officer’s attempt to arrest, such as by struggling or using force. Resisting does not involve fleeing but instead focuses on direct physical confrontation.

These offenses may be charged together if the actions of the accused include both fleeing and resisting.

Do I Need a Lawyer if I Am Charged with Evading Arrest?

You need a lawyer for an evading arrest charge. Nashville criminal defense attorney Carla Grebert can guide and advise you through the process. She will ensure your rights are protected throughout the legal process, she will review the evidence to identify weaknesses in the state’s case against you, and she will work diligently to get you the best outcome. 

Contact Your Nashville Evading Arrest Lawyer Today

Evading arrest charges, whether a misdemeanor or felony, come with serious consequences, including jail time, fines, and a lasting criminal record. If you’re facing such charges, don’t navigate this alone. Reach out to Nashville criminal defense attorney Carla Grebert for a consultation and take the first step toward a strong defense.