By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Evading Arrest or detention is governed by Tex.Pen.C. 38.04 and it is committed where a person “intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.”
Evading can be charged differently depending on the facts and resulting injuries someone may sustain (in a car accident for example during a chase). It’s a Class B Misdemeanor if done without a vehicle (by foot); a State Jail Felony if done by vehicle OR if the accused has a prior evading conviction; a 3rd Degree Felony if done with a vehicle AND a prior evading conviction or if during the offense someone sustains serious bodily injury; a 2nd Degree Felony if someone dies during the evading.
The Officer Can’t Chase You Just to Chase You
Though the statute seems very cut and dry, evading…
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