Dallas Evading Arrest Attorney

You can be arrested for evading arrest, if it’s alleged that you’ve intentionally eluded a law enforcement officer who is attempting to lawfully detain you.  Evading arrest is a class A misdemeanor, punishable by up to a year in the county jail, and up to a $4000 fine.  However, if it’s alleged that you’ve previously been convicted of evading arrest, or you’ve used a vehicle or watercraft to elude the police, evading arrest is charged as a state jail felony, which is punishable by 180 days to two years in the state jail, and a fine of up to $10,000.  Evading arrest is a third degree felony, if it’s charged that you’ve previously been convicted of evading arrest, and used a vehicle to escape.  Third degree felony offenses are punishable by 2 to 10 years in state prison, and up to a $10,000 fine.  Finally, evading arrest is a second degree felony, with a penalty range of 2 to 10 years in prison and up to a $10,000, if it’s alleged that someone dies as a result of the evasive conduct.

If you’ve been charged with evading arrest, you need serious legal help.  You should call the evading arrest criminal defense lawyers at Berlof & Newton, P.C.  214.827.2800.  Free consultation.  Call today, or contact one of our attorneys directly by using the “Get Legal Help Now!” contact form in the left margin of this website.  Se habla español.

Texas Penal Code Section 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 or federal special investigator attempting lawfully to arrest or detain him.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 839, Sec. 4, and Ch. 391, Sec. 1

(b)  An offense under this section is a Class A misdemeanor, except that the offense is:

(1)  a state jail felony if:

(A)  the actor has been previously convicted under this section; or

(B)  the actor uses a vehicle or watercraft 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 or watercraft 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 or investigator 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 or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight.

Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 3

(b)  An offense under this section is a Class A misdemeanor, except that the offense is:

(1)  a state jail felony if  the actor has 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;

(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

(C)  the actor uses a tire deflation device against the officer while the actor is in flight; or

(3)  a felony of the second degree if:

(A)  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; or

(B)  another suffers serious bodily injury as a direct result of the actor’s use of a tire deflation device while the actor is in flight.

(c)  In this section:

(1)  “Vehicle” has the meaning assigned by Section 541.201, Transportation Code.

Text of subdivision as added by Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 3, eff. September 1, 2011

(2)  “Tire deflation device” has the meaning assigned by Section 46.01.

Text of subdivision as added by Acts 2011, 82nd Leg., R.S., Ch. 391, Sec. 1, eff. September 1, 2011

(2)  “Watercraft” has the meaning assigned by Section 49.01.

(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.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 504, Sec. 1, eff. Sept. 1, 1987. Acts 1989, 71st Leg., ch. 126, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 708, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.240, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1334, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1400, Sec. 4, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 391, Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 839, Sec. 4, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 920, Sec. 3, eff. September 1, 2011.

Dallas Attorney Blog