Evading Arrest or Detention
Elements
- A person
- Intentionally flees from a person
- He knows is a peace officer or federal special investigator
- Attempting lawfully to arrest or detain him
Penalty
Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). State jail felony if actor has been previously convicted under §38.04 — 180 days to 2 years + up to $10,000 fine (§12.35). Third-degree felony if the actor uses a vehicle or watercraft while in flight (and has not been previously convicted under §38.04), OR if another suffers serious bodily injury as a direct result — 2 to 10 years + up to $10,000 fine (§12.34). Second-degree felony if another suffers death as a direct result, or actor has prior §38.04 with vehicle — 2 to 20 years + up to $10,000 fine (§12.33).
Enhancements
Use of a tire deflation device against the actor's vehicle does not relieve the actor of liability. Vehicle/watercraft enhancement is the most commonly charged felony version.