Under Texas law, a person can be charged with evading arrest or detention if they intentionally flee from a peace officer or federal special investigator who is attempting to lawfully arrest or detain them. This offense is outlined in Section 38.04(a) of the Texas Penal Code. Section 38.04
The severity of the offense depends on a few different factors. Generally, evading arrest or detention is considered a Class A misdemeanor. However, if the actor has been previously convicted under this section, it becomes a state jail felony. Additionally, if the actor uses a vehicle or watercraft while fleeing and has not been previously convicted under this section, it also becomes a state jail felony.
If the actor uses a vehicle or watercraft while fleeing and has been previously convicted under this section, or if someone suffers serious bodily injury as a direct result of the officer's attempt to apprehend the actor, it becomes a felony of the third degree. And, if someone suffers death as a direct result of the officer's attempt to apprehend the actor, it becomes a felony of the second degree.
It's important to note that a tire deflation device is also considered a factor in determining the severity of the offense. If the actor uses a tire deflation device against the officer while fleeing, it becomes a felony of the third degree. And, if someone suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while fleeing, it becomes a felony of the second degree.
In order for an individual to be convicted of evading arrest or detention, the prosecution must prove that the defendant knew the person chasing them was a peace officer or federal special investigator, and that the officer was attempting to lawfully arrest or detain them. Additionally, the prosecution must prove that the defendant intentionally fled from the officer.
In Texas, fleeing and eluding in a motor vehicle is a criminal offense that involves a driver intentionally attempting to evade a law enforcement officer who is attempting to conduct a traffic stop or arrest. The elements of the offense of fleeing and eluding in a motor vehicle in Texas are as follows:
- The defendant was operating a motor vehicle on a public roadway;
- A law enforcement officer gave a visual or audible signal to the defendant to bring the vehicle to a stop or submit to arrest;
- The defendant knew that the signal was given by a law enforcement officer;
- The defendant intentionally fled or attempted to elude the officer;
- The defendant's flight or attempted flight was for the purpose of evading arrest or detention.
