Evading Arrest or Detention
"Evading arrest can be prosecuted as a misdemeanor or a felony."
"Fleeing the police in a vehicle can get you a State Jail felony conviction."
Evading Arrest in Texas
A person is guilty of evading arrest or detention when they intentionally flee from a person who they know is an on-duty police officer attempting to lawfully arrest or detain them. An offense under § 38.04 of the Texas Penal Code is classified as a Class B misdemeanor unless the suspect used a motor vehicle to flee law enforcement.
The potential of being arrested can be a frightening thing, and unfortunately, people aren’t always thinking with a sound mind when they are presented with these situations. It is the natural fight or flight response that is often the cause of these situations. These are cases that can and should be handled by a skilled lawyer who is first and foremost concerned with protecting your rights and your freedoms.
Fleeing the scene of an accident can also be prosecuted as a felony, and these allegations can lead to prison time.
An evading arrest can be charged as a misdemeanor or a felony, and if you fled from the police in a motor vehicle, then you can be charged with a state jail felony or another felony offense. If you ran from the police, it will be extremely important that you retain the services of a seasoned defense attorney. Your lawyer will be able to explain what happened to the prosecution, and they will seek sentence and penalty reductions.
Contact for Fast Consultation.
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Sec. 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator 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 or watercraft 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 or watercraft 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 or investigator 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 or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight.