Evading Arrest Or Detention: Potential Legal Consequences and Penalties Under the Texas Penal Code

In case you did not know, evading arrest detention is a very serious crime in Texas. If you are trying to flee while the police try to arrest you or tell you to stop, you could face a lot of legal trouble.

“Just because I did not stop when they asked me to?” Yes, just because of that. And this is something that I found out after my cousin’s friend. This fellow, let’s call him Kamal, who stays there got arrested for the same reason!

While it is true that Texas is a beautiful place and a lot of people immigrate here for a better life, the laws here are pretty strict. And when it comes to evading an arrest or detention, the state takes this as a very serious offense.

When I got to know that Kamal was facing charges of a felony (yes, you read that right), I took an interest in learning about this. And that is when I got to know about Texas Penal Code § 38.04.

Hi. In today’s blog, I will be talking about how you can deal with cases like that. So, if you or someone you know have been in a similar situation, you are not alone! If you want to know the legal way out of this, you have come to the right place.

Therefore, keep reading this article till the end, and thank me later!

Evading Arrest Detention: Understanding Texas Penal Code § 38.04

Under the Texas Penal Code § 38.04, evading arrest or detention is a punishable crime. It means intentionally running away from a police officer who is lawfully trying to arrest or detain you.

If I have to put it in a simpler way, let me say that if a police officer on duty is trying to stop you and you decide to run away or flee the scene, you have committed a crime.

“But I was just scared. I didn’t do anything wrong.”

Even if you ran away and tried to evade while the police were trying to detain you, you would face legal charges.

When Does This Law Apply?

In order for this specific law to enter the fray, several factors must be present:

A police officer must be in the process of effecting a legal arrest or detention of you. Therefore, the officer must have had probable cause to stop you.

You must give some evidence showing that you were unaware of the officer trying to stop you from doing something. If you didn’t recognize the officer or didn’t hear the orders, it might not be taken as evidence of resisting arrest. 

This means that you must have intentionally fled the scene. For example, if you walked away casually or were simply confused about what was going on, it might not count as resisting arrest.

What If You Did Nothing Wrong?

Well, I guess you have already got the answer to this! Even if you think you did nothing wrong, running from the police can get you in trouble.

The law does not require you to be guilty of some other crime for you to face charges of evading arrest. All you have to do is run. And you are a (probable) criminal!

“So what if I ran away in my car?” I see that you are trying to be smart here! I’ll come to this part in the following section…

Evading Arrest Detention: On Foot or In Vehicle

Irrespective of whether you ran away on foot or were in a vehicle of any sort, really, IT IS STILL A CRIME!

Evading Arrest Detention on Foot

If you are on foot and running from a police officer who wants to stop or arrest you, the police can charge you with evading arrest detention. This might happen in situations like:

• A police officer tells you to stop, but you sprint in the opposite direction.
• You get a ticket for a traffic violation, and instead of staying, you get out of the car and run.
• You are in a public place, and an officer approaches you, but you take off before they can talk to you.

Although running on foot might seem like a smaller crime than using a vehicle, it is still a crime. Depending on the situation, you could face misdemeanor or felony charges.

Evading Arrest Detention in a Vehicle

Evading the police in a car is much more dangerous. If you do not pull over when an officer gestures to you, it becomes a felony. Some examples include:

• Accelerating when the police turn on their sirens behind you.
• Refusing to stop at a checkpoint or roadblock.
• Driving away while an officer is trying to question or detain you.

Fleeing in a vehicle puts not only yourself but also others at risk, including pedestrians and other drivers.

And in case I did not make it clear already, let me tell you something! This is the only reason why in Texas, it is a more severe crime with penalties that are also more severe.

Evading Arrest Or Detention: Penalties and Charges in Texas

Evasion of resisting arrest or evasion of detention, as the case may be, is a crime. And the degree of punishment for that depends on certain situations.

Here is a brief of what might be the options of criminal charges:

• Class A Misdemeanor: If you flee at a speed parallel to the foot of a police officer trying to arrest you, you will face a maximum sentence of up to 1 year in jail and a fine not exceeding $4,000.
• State Jail Felony: In case you have already been convicted of, e.g., evading arrest or someone else’s life is in danger as a result of the chase, you risk up to 2 years behind bars and a fine of a maximum of $10,000.
• Third-Degree Felony: By running away from the authorities in a car, you may be facing 2 to 10 years of imprisonment and the need to pay a maximum of $10,000 as a fine.
• Second-Degree Felony: In the event that someone passes away due to the chase, e.g., in a crash, you can be sentenced to 20 years in prison.

The penalties that I have stated above only prove the high degree to which law enforcement in Texas addresses this issue!

Even the absence of injuries is not a guarantee that you won’t end up with a criminal record. This has the potential to hurt the decisions concerning your employment, the place where you live, your education, and so on.

Evading Arrest Or Detention: How Can You Defend Yourself Legally?

If you are facing charges of evading arrest, you might wonder how to defend yourself in court. Here are some possible legal defenses:

You Didn’t Know the Officer Was Law Enforcement

Even though you might think that it sounds stupid, hear me out! Just think about a situation where an officer was in plain clothes or an unmarked car and tried to stop you. Well, you can simply argue that you didn’t know they were law enforcement.

You Were Not Running Intentionally

If you were panicking or the officer was not being clear enough, you can save yourself here as well! You, along with your lawyer, can argue that you were running out of fright and misunderstanding but not on purpose to evade arrest or detention.

You Had a Medical Emergency

If you were trying to get to the hospital or had a medical emergency, this would be a valid defense.

The Arrest Itself Was Unlawful

Next, you can legally defend yourself if the officer did not have a valid reason to stop or arrest you. In such a case, your lawyer may argue that there was no legal need for you to comply with their request.

There Was a Misunderstanding

Finally, in certain life and death situations, people generally run out of fear or confusion. In case you really did not mean to evade or flee, this is a point that your lawyer can use in your defense.

Read Also:

• What Constitutes A Warrant Of Arrest
• What Should You Do After a DUI Arrest?
• Understanding Your Rights: Navigating a Criminal Defense Case from Arrest to Trial