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.

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.

Key points

  • Intentionally flees
  • From a person known to be a peace officer or federal special investigator
  • Attempting lawfully to arrest or detain
  • Class A on foot; state jail with prior or vehicle/watercraft use; 3rd degree if SBI; 2nd degree if death
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 to
Use of vehicle or watercraftState jail felony
Vehicle/watercraft + prior §38.04 OR causes SBI3rd degree felony
Causes death of another2nd degree felony

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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)