The Law Offices of Jason Trumpler

Evading Arrest or Detention in Texas

Sep 21, 2016 @ 06:38 PM — by Jason Trumpler, P.C.
Tagged with: Evading Arrest Or Detention Reckless Driving Criminal Defense

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Evading Arrest or Detention can be found in Texas Penal Code § 38.04. Evading Arrest or Detention is a pretty straight forward offense. A person commits the crime of Evading Arrest or Detention when he or she:

  1. Intentionally flees from a person;
  2. He or she knows to be a peace officer;
  3. Is attempting to arrest or detain him or her lawfully.
Evading Arrest or Detention on foot is a Class A Misdemeanor. The punishment range for a Class A Misdemeanor is:

Evading Arrest or Detention is a State Jail Felony if the person evades by foot and has a prior conviction. The punishment range for a State Jail Felony is:

Evading Arrest or Detention is a 3rd-Degree Felony if the person flees while in a vehicle. (Though the prosecutors can still charge it as a State Jail Felony, they rarely do.) The punishment range for a 3rd-Degree Felony is:

It is a 2nd-Degree Felony if someone dies as a result of the evading. The range of punishment for a 2nd-Degree Felony is:

We have seen a considerable spike in this crime in the last several years, particularly in areas near Fort Hood. A lot of folks in the military are committing this offense on motorcycles. I am not clear why there is a huge spike, though it appears to be attributable to Post Traumatic Stress Disorder (PTSD). I have represented over a dozen soldiers in the last several years for this offense in Bell and Williamson counties.
The most common successful reductions for Evading Arrest or Detention we get short of a straight dismissal are Fleeing or Attempting to Elude Police Officer and Reckless Driving. Both of these offenses are Class B Misdemeanors. The range of punishment for a Class B Misdemeanor is:
A person commits the offense of Fleeing or Attempting to Elude a Police Officer if the person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audio signal to bring the vehicle to a halt.
As mentioned above, Fleeing or Attempting to Elude a Police Officer is a Class B Misdemeanor. This outcome is far better than the 3rd-Degree Felony that Evading Arrest or Detention in a motor vehicle is. If a person commits the offense of Fleeing or Attempting to Elude a Police Officer while intoxicated, the crime is enhanced to a Class A Misdemeanor. The range of punishment for a Class A Misdemeanor is:
The Texas Transportation Code defines Reckless driving as driving a vehicle in willful or wanton disregard for the safety of persons or property. While technically a Class B Misdemeanor, the punishment range for Reckless Driving is:
While it is possible to get an Evading Arrest or Detention reduced to the above-referenced misdemeanors or dismissed, it is going to depend on your specific circumstances. During plea negotiations, the prosecutor is going to watch the video. Things the prosecutor will take into consideration during negotiations:

The longer, the more dangerous the evading, the less likely the prosecutor will reduce or dismiss the charge.

Contact Us at 512-457-5200

Jason Trumpler is an experienced criminal defense attorney with 20-years of experience. He has successfully won or otherwise gotten cases thousand of cases dismissed. He practices in Travis, Williamson, Hays, Bell, Comal, Bastrop, Burnet, and Lee counties. Contact our offices today at 512-457-5200.

Austin Criminal Defense Attorney Jason Trumpler can also help if the State has charged you or someone you know with any other type of criminal offense, including, but not limited to: