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Evading an Officer Arrests

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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.

License Suspensions: If Evading conviction is sustained when a car is used to evade, there is a DPS Driver's License suspension as well.

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.


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Law Office of Robert Keates
700 Lavaca St #1400 Austin, TX 78701 URL of Map
Phone: 512-800-3741 - Fax: 512-870-9403
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Law Office of Robert Keates

700 Lavaca St #1400 Austin, TX 512-800-3741
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