Criminal Law in Tennessee: Evading Arrest Laws Get Tougher

            If you run away from the police after being given a clear signal to stop or pull over, you could be charged with evading arrest in Tennessee. Evading arrest is sometimes broken down into separate legal categories, depending on how you resist. For instance, you can face obstruction of justice charges if you try to run away or if you go limp while an officer tries to arrest you. Resisting arrest with force is a more serious charge and can lead to a felony conviction.

   

         The fact is, if you’re facing evading arrest charges, whether they are misdemeanor or felony charges, much is at stake. You can face time in jail, fines anywhere from $2,500 to $5,000, and probation. A conviction can lead to other serious consequences, including a criminal record which could affect your ability to seek certain kinds of employment, certain kinds of federal or government aid, including educational aid, and difficulty furthering your education through college or university.

            If you’re facing criminal charges in Memphis, Tennessee, including evading arrest, you have certain protections under the Constitution. According to the Muldavin Law Firm, P.L.C., you have the right to remain silent if you are being arrested, and you have the right to receive a fair court hearing or trial to prove your guilt beyond a reasonable doubt. The seriousness of your charges should not prevent you from seeking the qualified counsel of a criminal defense attorney.

            On July 1^st, tougher laws on evading arrest will go into effect in Tennessee. Individuals who run from police face tougher sentencing starting on the first of the month. According to WCYB, individuals face an additional 30 days jail time for evading arrest, and 60 days if the evasion puts other lives at risk. This doesn’t include other penalties such as fines and probation.

            According to the Tennessee government, endangering innocent bystanders while evading arrest can lead to more serious charges. Bystanders include witnesses, passengers in a car, and police officers involved in a chase. During a chase, a person could face Class D Felony charges if he or she puts her passenger at risk of death or injury. However, if the only other person is the officer, the charge may be lower than a Class D Felony, because the officer is actively pursuing.

            The law is nuanced when it comes to evading arrest. For instance, an individual must be found to knowingly and intentionally avoid arrest, a rather high burden of proof.

            Sam Muldavin, a criminal defense lawyer with Muldavin Law Firm, P.L.C. has over 30 years of criminal defense experience. The firm takes the time to review each case closely and provide the best possible defense allowable under the law. If you’re facing evading arrest charges, you have the right to a fair trial and proper defense. Officers are under intense scrutiny given recent police brutality incidents. In some cases, individuals may be charged with evading arrest merely for exerting their legal and Constitutional rights. A lawyer can take a close look at the circumstances of your arrest to protect your rights and help you receive the justice you deserve.