Evading Arrest or Detention
Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.
“Evading Arrest or Detention”, as per § 38.04 of the Texas Penal Code, occurs when a person intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him.
An offense under this section is a Class A misdemeanor, except that the offense is:
- a state jail felony if:
- the actor has been previously convicted under this section; or
- the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section;
- a felony of the third degree if:
- the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or
- 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
- 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.
Punishment Range
Misdemeanor A
- Confinement in jail for a term not to exceed one year
- Fine not to exceed $4,000
- Both such fine and confinement
State Jail Felony
- Confinement in a state jail for not more than two years and not less than 180 days
- In addition to confinement, may receive a fine not to exceed $10,000
Third Degree Felony
- Imprisonment in the institutional division for not more than 10 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000
Second Degree Felony
- Imprisonment in the institutional division for not more than 20 years or less than two years
- In addition to imprisonment, may receive a fine not to exceed $10,000