Transportation Code · §38.04

Evading Arrest or Detention

Intentionally flees from a person known to be a peace officer or federal special investigator who is attempting lawfully to arrest or detain him.

To prove this offense, the State must establish each of the following elements: Intentional flight from peace officer; Officer attempting lawful arrest or detention; Use of vehicle = state jail felony minimum.

The base classification is Class A misdemeanor on foot (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Intentional flight from peace officer
  • Officer attempting lawful arrest or detention
  • Use of vehicle = state jail felony minimum
Texas Law — Charge Details
Class A Misd. → 2nd Degree Felony
Offense
Evading Arrest or Detention
Statute
Tex. Penal Code §38.04
Classification
Class A misdemeanor on foot (default)

Intentionally flees from a person known to be a peace officer or federal special investigator who is attempting lawfully to arrest or detain him.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Use of vehicle or watercraftState jail felony§38.04(b)(2)(A)
Vehicle/watercraft + prior §38.04 OR causes SBI3rd degree felony§38.04(b)(2)(B)
Causes death of another2nd degree felony§38.04(b)(3)

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Worked examples

Worked example 1

SCENARIO. A driver speeds away from an officer-initiated traffic stop, leading a 3-mile pursuit before being stopped at a roadblock. Best charge?

  1. Only a Class C speeding violation
  2. Penal Code §38.04 Evading Arrest or Detention (with vehicle) — state jail felony at baseline; AND traffic violations as appropriate Correct
  3. Disorderly Conduct
  4. Reckless Driving only
Why: Evading with a vehicle is a state jail felony. The underlying traffic violations (speeding, lane violations) may also be charged.
Statute: Tex. Penal Code §38.04(b)(2)(A)