What Happens If You Evade Arrest in Indiana?

Posted on August 8, 2023
  • Criminal Defense

    • Facing the possibility of arrest can be a daunting experience, and it’s natural for individuals to experience a range of emotions and thoughts in such situations. Sometimes, the instinct to evade arrest might arise, driven by fear or a desire to avoid legal consequences. However, evading arrest can lead to even more serious repercussions. In the state of Indiana, just like in most jurisdictions across the United States, evading arrest is a criminal offense that can lead to severe penalties.

    Understanding Evading Arrest

    Evading or resisting arrest, often referred to as fleeing law enforcement, is the act of attempting to evade or escape from a law enforcement officer who is attempting to arrest you. This can take various forms, such as running away, driving away in a vehicle, or even resisting physical restraint. While the circumstances leading to the decision to evade arrest can vary, the legal consequences remain consistent: it is a serious criminal offense.

    The Legal Consequences

    In Indiana, evading arrest is considered a serious offense, and the penalties for this crime can vary based on the circumstances and the severity of the act. It’s important to note that the consequences can be influenced by factors such as the method used to evade arrest, the individual’s criminal history, and whether any injuries or damages occurred as a result.

    Evading Arrest as a Misdemeanor

    In some cases, evading arrest can be charged as a misdemeanor. A Class A misdemeanor, the most serious category of misdemeanors in Indiana, can lead to a maximum sentence of up to one year in county jail and a fine of up to $5,000. However, if the individual has a history of prior offenses, the penalties can be enhanced.

    Evading Arrest as a Felony

    In more severe cases, evading arrest can be charged as a felony, which carries even more severe consequences. The level of felony charges depends on factors such as the presence of aggravating circumstances and the potential harm caused.

    These aggravating factors may include:

    • Endangerment: If the individual’s actions while evading arrest endanger the safety of others, it could lead to the offense being charged as a felony.
    • Serious Injury or Death: If the evading individual’s actions result in serious injury or death, the charges could be elevated to a felony offense.
    • Previous Convictions: Prior criminal history, especially a history of evading law enforcement, can result in more serious charges.
    • Weapons or Firearms: If the individual uses a weapon or firearm during the evading incident, it could lead to felony charges.
    • High-Speed Chase: Engaging in a high-speed chase with law enforcement officers can also result in more serious charges, especially if it leads to dangerous situations.
    • Property Damage: If significant property damage occurs as a result of the evading, it could lead to felony charges.

    Felony charges are categorized from Level 6 to Level 1, with Level 6 being the least severe and Level 1 being the most severe.

    Let Our Firm Help You

    Evading arrest should never be taken lightly, as it can lead to severe legal consequences. If you or someone you know is facing charges related to evading arrest in Indiana, it is crucial to seek professional legal assistance.

    The Criminal Defense Team is here to help you navigate through this challenging situation. Our experienced attorneys have a deep understanding of Indiana’s criminal laws and will fight tirelessly to protect your rights.

    Don’t hesitate to contact The Criminal Defense Team today for a free consultation. We are committed to providing you with the best legal representation possible and helping you achieve the most favorable outcome in your case.