Evading Arrest and Detention is where a person intentionally flees from a peace officer lawfully attempting to arrest or detain him. The most common Evading an Officer or Evading Arrest or Detention cases involve an individual fleeing or driving from an officer who has identified himself. Often, a car chase or foot chase will ensue, where the officer is forced to chase after the suspected person. Depending on the circumstances, the person could be arrested for either a misdemeanor or felony.
Austin Evading Arrest Lawyer
If you face charges for evading arrest in Travis County, you could not only face punishment for the crime for which you were arrested, but also for the evasion charge. Defense attorney Kevin Bennett can represent you on both matters. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a free consultation.
Kevin Bennett represents those arrested in Austin, Lakeway and anywhere in Travis County.
Evading Arrest or Detention Law 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 A 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.
