Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Evading Arrest or Detention

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.

Severity of Crime

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