Criminal defense across Denton County and Collin County
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.
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Misdemeanor A
Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
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
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 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 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