Criminal Defense Attorney Kevin Kennedy prosecuted evading arrest cases as a prosecutor in the Davidson County District Attorney’s Office. He now uses that firsthand knowledge to defend clients accused of misdemeanor evading arrest. Kevin holds his law degree from Vanderbilt Law School and is an active member of the Tennessee Association of Criminal Defense Lawyers.
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Running from the police — even for a few seconds, even out of panic — can add a separate criminal charge to whatever prompted the encounter. Under Tenn. Code Ann. § 39-16-603, intentionally fleeing from a law enforcement officer attempting an arrest is evading arrest, and flight on foot is a Class A misdemeanor.
If you are facing a misdemeanor evading-arrest charge in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm for a free, confidential consultation. The firm’s general evading-arrest page remains the broad guide, and motor-vehicle evading is covered separately; this page focuses on misdemeanor evading on foot.
Evading Arrest Under T.C.A. § 39-16-603
Section 39-16-603 makes it an offense to intentionally flee from a person the accused knows to be a law enforcement officer attempting to arrest them. The statute grades the offense by how the flight occurs: flight on foot is a Class A misdemeanor, while flight in a motor vehicle, flight creating a risk of death or injury, and repeat violations are felonies.
The Elements of Misdemeanor Evading Arrest
The State must prove two things beyond a reasonable doubt: that the accused intentionally fled, and that the accused knew the person attempting the arrest was a law enforcement officer. Both elements are contestable, and the knowledge element is where many of these cases are actually fought.
Intentional Flight
Evading requires intentional flight — a deliberate decision to flee, not confusion, panic without purpose, or simply walking away from a scene the accused did not realize was an arrest. The distance, direction, and circumstances of the movement all bear on whether the conduct was truly intentional flight.
Knowledge of an Attempted Arrest
The accused must have known the person was a law enforcement officer attempting an arrest. Plainclothes officers, unmarked vehicles, darkness, distance, crowd noise, and chaotic scenes all create genuine knowledge issues. If the officer never identified themselves, or the accused could not reasonably have known, the element may not be provable.
Classification and Penalties
Misdemeanor evading arrest is a Class A misdemeanor: up to 11 months and 29 days in jail and a fine of up to $2,500. Actual outcomes vary with the facts, the defendant’s record, and the county, and many cases resolve well below the maximum — particularly where the flight was brief and no one was endangered.
Body-Camera Evidence and Witness Testimony
Body-camera and dash-camera footage often decides these cases: what the officer announced, whether the accused could hear it, what the accused actually did, and how the scene looked. Witness testimony about the same points can cut either way. The footage should be requested and reviewed early, before it is lost or overwritten.
Identification Issues
Where the accused was not apprehended at the scene, the State must also prove identity — that the person charged is the person who fled. Descriptions given in the moment, later identifications, and the quality of any video all matter.
Constitutional Issues
Evading charges frequently arise from encounters that began with a stop, a detention, or an attempted arrest. If the underlying police action was unlawful, or if evidence was obtained through an unconstitutional search or seizure, suppression issues can arise. These questions are fact-specific and should be reviewed with counsel.
Potential Defenses
- The accused did not know the person was a law enforcement officer.
- No arrest was actually being attempted.
- The conduct was not intentional flight — confusion, panic, or simply leaving a scene.
- The accused was misidentified as the person who fled.
- Body-camera or witness evidence contradicts the officer’s account.
- The underlying stop or attempted arrest was unconstitutional.
Related Nashville Defense Pages
- Nashville Evading Arrest Lawyer
- Nashville Evading Arrest in a Motor Vehicle Lawyer
- Nashville Resisting Arrest Lawyer
- Nashville Misdemeanor Lawyer
- All Felonies and Misdemeanors
Frequently Asked Questions About Misdemeanor Evading Arrest
What is misdemeanor evading arrest in Tennessee?
Under Tenn. Code Ann. § 39-16-603, a person commits evading arrest by intentionally fleeing from someone the person knows to be a law enforcement officer attempting to arrest them. When the flight is on foot, the offense is a Class A misdemeanor.
When is evading arrest a felony?
Evading arrest becomes a felony when it involves a motor vehicle, when the flight creates a risk of death or injury, or when the person has certain prior evading convictions. Felony and motor-vehicle evading are covered on the firm’s other evading-arrest pages.
What does the State have to prove?
The State must prove the accused intentionally fled, and that the accused knew the person attempting the arrest was a law enforcement officer. Both elements can be contested — particularly knowledge, in cases involving plainclothes officers, darkness, or chaotic scenes.
What if I did not know it was the police?
Knowledge is an element of the offense. If the officer was in plain clothes, never identified themselves, or the scene made identification genuinely uncertain, the knowledge element may not be provable.
What are the penalties for misdemeanor evading arrest?
A Class A misdemeanor carries up to 11 months and 29 days in jail and a fine of up to $2,500. Actual outcomes vary with the facts, the record, and the county, and many cases resolve without the maximum.
Can body-camera footage help my case?
Yes, in both directions. Body-camera and dash-camera footage can show what the officer announced, what the accused actually did, and whether the accused heard or saw anything identifying law enforcement. The footage should be obtained and reviewed early.
Can an evading charge be added to another arrest?
Yes. Evading is frequently charged alongside the offense that prompted the arrest — a warrant, a domestic call, or a drug investigation. Each charge must be proven separately, and a defense to the underlying case does not automatically defeat the evading charge, or vice versa.
Are there constitutional defenses?
Potentially. If the attempted arrest or detention was itself unlawful, or if evidence was obtained through an unconstitutional search or seizure, suppression issues can arise. These questions are fact-specific and should be reviewed with counsel.
Can a misdemeanor evading conviction be expunged?
Certain Class A misdemeanor convictions may be eligible for expungement after the statutory waiting period, and dismissed or diverted charges follow different rules. Eligibility depends on the final disposition and the person’s full record.
What should I do if I am charged with evading arrest?
Remain silent and contact a defense lawyer promptly. Write down your recollection of the scene — lighting, what was said, what you saw and heard — while it is fresh, and preserve any messages or video that bear on the encounter.
Legal references: Tenn. Code Ann. §§ 39-16-603 and 40-35-111. This page is general information, not legal advice. Penalty provisions change, and the law in effect on the offense date controls.
If you are facing a misdemeanor evading-arrest charge in Nashville or Middle Tennessee, call or text Kevin Kennedy Law Firm at (615) 205-7311 for a free, confidential consultation.