Under Tex. Pen. Code § 38.04, individuals commit evading arrest or detention by intentionally fleeing from a person whom they know is a police officer or federal special investigator who are attempting to lawfully arrest or detain them. Typically, this offense is a Class A misdemeanor, which carries the potential for up to one year in jail and a maximum fine of $10,000.
For a second or subsequent offense, however, the offense increases to a state jail felony. Individuals facing a conviction for a state jail felony can serve six months to two years of incarceration and a $10,000 fine.
Likewise, the offense may become a third-degree felony if individuals use a vehicle or watercraft in flight and they have a previous conviction for the same offense. Individuals also may face third-degree felony charges if they:
- Use a vehicle or watercraft while in flight
- Cause serious bodily injury to others as a direct result of the attempt by the officer to apprehend the persons in flight
- Use a tire deflation device against the officer while fleeing
Third-degree felony charges can result in two to ten years in prison and a $10,000 fine.
Furthermore, evading arrest or detention increases to a second-degree felony if others suffer death as a direct result of the attempt by the officer to apprehend the persons in flight, or if others suffer serious bodily injury as a result of the individuals using a tire deflation device while in flight. For a second-degree felony conviction, the prison term ranges from two to 20 years and a $10,000 fine. If you or a family member is facing accusations of evading arrest or detention or any other criminal charges, we may be able to help.
As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 359-3362 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.
