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According to Texas Penal Code, Section 38.04 Evading Arrest or Detention, the State of Texas through the Tarrant County District Attorney’s Office will be required to prove the following elements in order to determine someone guilty of evading arrest beyond a reasonable doubt:

“A person commits the offense of Evading Arrest if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.”

If a police officer is attempting to execute a valid search warrant upon your residence, attempting to avoid the enforcement of the warrant could lead to you being arrested for evading arrest or detention. Additionally, a police officer establishing probable cause that you might have been involved in criminal activity and attempting to detain you requires you to comply with his detention until the police officer determines whether a crime has occurred.

Texas law has imposed a duty on every Texas resident to submit to the authority of a police officer when that officer is attempting to lawful arrest or detain a citizen for an investigation. Failing to comply with the police officer’s request to detain or arrest you could result in additional criminal charges that could make it more difficult to resolve your legal situation

What is the Punishment in Texas for an Evading Arrest Conviction?


In order to determine the possible criminal consequences of an evading arrest conviction, it must first be determined whether a vehicle was used during the crime and whether the citizen has a prior criminal record.

Although it is important to consult an experienced evading arrest lawyer to determine your specific case facts, the following is a list of punishments provided under Texas law for the crime of Evading Arrest:

• Class A Misdemeanor (punishable by a term in the Tarrant County jail of not more than 1 year and up to a $4,000 fine) if the evading arrest did not involve the use of a motor vehicle and the citizen has not been previously convicted of evading arrest.
• State Jail Felony (punishable by a term in a State Jail Facility of not more than 2 years but not less than 180 days) if the citizen has been previously convicted of evading arrest.
• Third Degree Felony (punishable by a term in prison of not more than 10 years but not less than 2 years) if a vehicle was used by the citizen during the evading arrest or someone suffers serious bodily injury during the commission of the crime.

Defenses to Evading Arrest Charges that Might Get Your Case Dismissed or Dropped

Was The Arrest Lawful?
A critical issue that must be explored in all evading arrest cases is the element of whether the arrest or detention was lawful. If the police officer that made the arrest or detention did so without a valid warrant or made the decision based upon a lack of reasonable suspicion, your evading arrest charges may be dropped or thrown out by the judge. It is critical to your defense that an experienced criminal defense attorney review the specific facts of your case and decide if this defense is available for your evading arrest case.

Can The State Of Texas Prove Criminal Intent?
It is critical to remember that the State of Texas must prove beyond a reasonable doubt that you intentionally or knowingly fled from a person you knew to be a police officer attempting to lawful arrest or detain you. What if you did not know the person detaining you was a police officer? What if you did not know the police officer was trying to detain or arrest you?


00:00 How To Beat An Evading Arrest Charge In Texas
02:02 What Is Evading Arrest
03:35 What Is The Punishment For An Evading Arrest Charge
06:45 What Are Your Legal Defenses To An Evading Arrest Charge
11:20 What Can A Grand Jury Do

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