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Evading Arrest or Detention

Texas Penal Code Section 38.04 defines Evading Arrest or Detention as follows:

  • (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.
  • ((b) An offense under this section is a Class A misdemeanor, except that the offense is:
    • (1) a state jail felony if:
      • A. the actor has been previously convicted under this section; or
      • B. the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;
    • (2) a felony of the third degree if:
      • A. the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or
      • B. another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
    • (3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.
  • (c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
  • (d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

As outlined above, Evading Arrest or Detention can be a Class A Misdemeanor, a State Jail Felony, a 3rd Degree Felony, or a 2nd Degree Felony depending on the circumstances of the offense.

A Class A misdemeanor is punishable by:

(1) A fine not to exceed $4,000;

(2) Confinement in jail for a term not to exceed one year; or

(3) Both such fine and confinement.

A State Jail Felony is punishable by:

(1) 180 days to 2 years in a state jail and/or

(2) A fine of up to $10,000.

A person found guilty of a State Jail Felony, can be punished for a 3rd Degree Felony if:

(1) A deadly weapon was used or exhibited during the commission of the offense; or

(2) The person has a previous conviction for certain types of felonies.

A 3rd Degree Felony is punishable by:

(1) 2-10 years imprisonment in the Texas Department of Criminal Justice and/or

(2) A fine of up to $10,000.

A 2nd Degree Felony is punishable by:

(1) 2-20 years imprisonment in the Texas Department of Criminal Justice and/or

(2) A fine of up to $10,000.

If you are charged with Evading Arrest or Detention, or have further questions regarding this offense, contact the attorneys at Sanchez Phipps at (210) 735-1700 for your free consultation. We serve San Antonio, Bexar County, and surrounding counties. We look forward to speaking with you about your case.