Felony Offenses in the Texas Penal Code

Austin Criminal Lawyer


Federal Defense Attorney

Texas Penal Code, Section 38.04 - Evading Arrest or Detention

CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION

        § 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 attempting lawfully to arrest or detain him.
        (b)  An offense under this section is a Class B misdemeanor, except that the offense is:
                (1)  a state jail felony if 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.

NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the state of Texas, please contact us at (512) 478-0758 or fill out a brief case questionnaire.