Law Office of Robert Keates - Austin Criminal Defense Attorney
for Driving Offenses and Texas Driver's License Suspensions in Austin and San Marcos
keates law firm


DRIVING, TICKETS, AND LICENSING


Driving While License Invalid (DWLI)


Driving on Suspended Driver's License


Failure to Provide or Maintain Insurance


Occupational Driver's Licenses


Traffic Tickets, Speeding, Red Lights

Hit & Run


Evading an Officer


Failure to Stop and Render Aid


Revocation of Probation Hearings

 

Evading an Officer Arrests


What is it? Evading an Officer or Evading Arrest and Detention is where a person intentionally flees from a peace officer attempting lawfully to arrest or detain him.

What makes it illegal?  The Texas Criminal Penal Code Sec. 38.04. EVADING ARREST OR DETENTION indicates a person commits an offense if the person knowingly flees from an officer of the law who is lawfully (or even unlawfully) attempting to arrest or detain him.

What are the Punishments? An offense under this section is a Class A misdemeanor. The offense is a state jail felony if: (A) the actor has been previously convicted under this section; or (B) the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section. The offense is 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. Lastly, Evading an Officer or Evading Arrest and Detention is 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.

Common Criminal Cases Involving Arrests: The most common Evading an Officer or Evading Detention cases and arrests 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.

TEXAS PENAL CODE, TITLE 7. 
Sec. 38.04. EVADING ARREST OR DETENTION

Sec. 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.

 


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The Law Office of Robert Keates handles a broad spectrum of criminal defense trials and cases, ranging from
misdemeanors to felony charges. 100% of our practice is criminal defense in nature, allowing us to focus only on defending you.

All initial phone or email consultations are free, confidential, and without obligation.
Serving Austin Texas and surrounding areas, including: Austin, Travis County, and San Marcos, Hays County.

Legal Disclaimer: Until the Law Office of Robert Keates or an associated criminal defense attorney with the Law Office receives a signed fee agreement
along with deposit or payment, there is no legal contract for any type of legal representation, despite any general advice or information found on this site.
               
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  LAW OFFICE OF ROBERT KEATES
AUSTIN CRIMINAL DEFENSE ATTORNEY
700 Lavaca St #1400, Austin, Texas 78701
Ph: 512-216-3211 Fax: 888-709-6040

email@keateslaw.com

Business Hours: M-F 9:00am to 5:30pm
Office Visits by Appointment Only

   
     
     
     
     
     
   
 
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  Serving Austin Travis County, & San Marcos, Hays County Texas  
  All Rights Reserved 2006+ by Robert Keates  

Law Office of Robert Keates - Austin Criminal Defense Attorney for Driving Offenses and Texas Driver's License Suspensions in Austin and San Marcos

Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX (512) 216-3211
Austin Lawyer handling Misdemeanor and Felony Criminal Cases 4.9 out of 5 based on 11 reviews