Evading arrest on foot is the same as fleeing on foot from an agent of the police or government. It includes walking or running but not the use of a motor vehicle. Evading arrest using a motor vehicle falls into another category. The courts usually take a strong stand against anyone evading arrest. Yet, in order to prosecute for evading arrest on foot, the prosecutor must proof the individuals was able to clearly identify the pursuing agent as a peace officer or agent. If there is any doubt of this, the defendant will not be convicted. These are mitigating circumstances explaining the actions of the individual. Evading arrest on foot is a misdemeanor. It may become a felony, however, if there is other criminal activity involved at the time the individual undertakes the evasive action.