Evading Arrest
In many cases, evading arrest is classified as a misdemeanor. However, if a misdemeanor charge leads to a a conviction, it can have negative long-term effects. A conviction will leave you with a permanent criminal record that can affect your current job and future employment and educational opportunities.
FREE CONSULTATION ON TEXAS EVADING ARREST CASES
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Law Offices of Ronald A. Ramos – Evading Arrest Defense
San Antonio, TX: (210) 308-8811
Laws Defining Evading Arrest in Texas
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 attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a state jail felony if the actor uses a vehicle 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 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 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 from whom the actor is fleeing to apprehend the actor while the actor is in flight.
(C) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(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.