Evading Arrest

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⚖️ Texas Law — Charge Details

2–10 years prison + $10,000 fine (if vehicle or prior conviction)

Offense Evading Arrest or Detention

Statute Texas Penal Code § 38.04

Penalty Level Class A Misdemeanor to Third-Degree Felony

Evading Arrest or Detention under Texas Penal Code § 38.04 is committed when a person intentionally flees from a peace officer attempting a lawful arrest. On foot, it is a Class B Misdemeanor. If the person uses a vehicle, the charge becomes a State Jail Felony (180 days–2 years). If there is a prior conviction for evading arrest, or a third party suffers serious injury or death, the offense escalates to a third-degree or second-degree felony. High-speed pursuits often result in additional charges.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Evading using a motor vehicle	State Jail Felony — 180 days–2 yrs, $10,000 fine	§ 38.04(b)(1)
Prior evading arrest conviction + motor vehicle	Third-Degree Felony — 2–10 yrs prison	§ 38.04(b)(2)(A)
Third party suffers serious bodily injury	Third-Degree Felony — 2–10 yrs prison	§ 38.04(b)(2)(B)
Third party killed during pursuit	Second-Degree Felony — 2–20 yrs prison	§ 38.04(b)(3)
Pursuit involves emergency vehicle in crash	May add additional charges (criminally negligent homicide, etc.)	§ 49.08

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Evading Arrest

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