Criminal defense across Denton County and Collin County

Escape

Chapter 38 of the Texas Penal Code defines offenses relating to the obstruction of governmental operation.

“Escape”, as per § 38.06 of the Texas Penal Code, occurs when a person escapes from custody when the person is:

An offense under this section is a Class A misdemeanor.

An offense under this section is a felony of the third degree if the actor:

An offense under this section is a felony of the second degree if the actor, to effect his escape, causes bodily injury.

An offense under this section is a felony of the first degree if, to effect his escape, the actor:

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Misdemeanor A

Confinement in jail for a term not to exceed one year

Fine not to exceed $4,000

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

First Degree Felony

Imprisonment in the institutional division for life, or

Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon

An offense under this section is a felony of the third degree if the actor: is under arrest for, charged with, or convicted of a felony; is confined or lawfully detained in a secure correctional facility or law enforcement facility; or is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department.

An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury.

An offense under this section is a felony of the first degree if to effect his escape the actor: causes serious bodily injury; or uses or threatens to use a deadly weapon.

Punishment Range Misdemeanor A Confinement in jail for a term not to exceed one year Fine not to exceed $4,000 Both such fine and confinement 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 First Degree Felony Imprisonment in the institutional division for life, or Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon In addition to imprisonment, may receive a fine not to exceed $10,000 Back to Index About Our Firm Contact Us Request a Free Case Evaluation Let Us Put Our Experience to Work for You

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Collin County By Appointment Only 972-724-4820 230 East Hunt Street, Suite 101 McKinney , TX 75069

Office locations

  • Denton office: 215 West Oak Street, Denton, TX 76201
  • McKinney office: 230 East Hunt Street, Suite 101, McKinney, TX 75069
  • Plano office: 7200 Dallas Parkway, Plano, TX 75024

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