Evading Arrest in Tennessee
If you are facing a charge of eluding arrest in Tennessee, you are most likely also facing additional charges. If convicted, an evading arrest charge can result in negative consequences.
If you are found guilty of eluding arrest and the other charges, the penalties can affect various aspects of your life, including employment. People facing evading arrest charges in Tennessee should get legal help from a Manchester criminal defense lawyer.
Note : What to do if you were arrested?
Is Eluding Arrest a Felony or Misdemeanor in Tennessee?
An evading arrest can be considered a felony offense in the state of Tennessee. A felony can seriously damage your record and reputation. However, under certain circumstances, eluding arrest can be classified as a misdemeanor.
The prosecution must prove beyond a reasonable doubt the following elements for the defendant to be convicted of felony eluding arrest in Tennessee:
- The defendant was driving on any road, street, highway, or alley in Tennessee;
- He/she intentionally fled or attempted to elude a law enforcement officer; and
- He/she failed to bring the vehicle to a stop after having received any signal from the officer.
Contact our lawyers at Law Offices of Burch, Morrison, & Stewart to discuss additional factors and elements of the eluding arrest charge in Tennessee.
Penalties for Eluding Arrest in Tennessee
Under Tennessee’s criminal law, felony evading arrest is classified as a Class E Felony, which may result in the following penalties:
- Up to six years in prison (mandatory minimum confinement of 30 days);
- A probationary period;
- A fine of up to $3,000; and
- Court costs.
The offense would be raised to a Class D Felony if the defendant’s attempt to elude arrest created a known risk of death or injury to bystanders or third parties. In that case, you may expect the following penalties:
- Up to 12 years in prison (mandatory minimum confinement of 60 days);
- A probationary period;
- A fine of up to $5,000; and
- Court costs.
In order to charge you with eluding arrest in Tennessee, the prosecution must prove the specific intent to evade a police officer. Thus, the prosecutor must prove that you specifically intended the prohibited result (getting away from or losing the officer).
For example, if you were “evading” an officer while driving under the influence, the intoxication can prevent you from realizing that a police officer wanted you to pull over. However, you may still face DUI charges even if it cannot be proven that you were evading arrest.
Evading Arrest Conviction in Tennessee: What to Expect?
A person convicted of Eluding Arrest in Tennessee may also face other consequences in addition to the court-mandated penalties.
A felony evading arrest conviction can cause you to lose college scholarships and/or the ability to seek admission to an institution of higher learning. Also, people who are convicted of felony eluding arrest in Tennessee may find it difficult to seek or maintain employment.
Employers can access records of criminal convictions of their current or prospective employees. Besides, an evading arrest conviction can result in adverse action to your professional license. Under certain circumstances, you may lose your driver’s license.
Last but not least, a conviction for felony eluding arrest in Tennessee will always remain on your criminal record. Under current Tennessee’s expungement laws, a felony evading arrest conviction cannot be erased or expunged from public record.
Contact a Manchester eluding arrest attorney at the Law Offices of Burch, Morrison, & Stewart if you are being accused of evading a police officer in Tennessee. Call at (931) 954-1066 to discuss your defense strategy.