Evading Arrest or Detention in Texas

Have you been arrested and charged with evading arrest or detention in Texas? Are you uncertain of your rights, concerned about the potential penalties? Do you have questions or concerns about the potential defenses you might raise? This blog outlines the provisions of the Texas law governing evading arrest or detention, and identifies potential defenses. To protect your rights, you want to talk with an experienced criminal defense lawyer.

At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, we provide nearly 50 years of combined criminal law experience, protecting the rights of people across the Dallas-Fort Worth Metroplex. Kevin Clancy, a former prosecutor, has firsthand knowledge of the methods by which the state gathers evidence and prepares a criminal case. We can anticipate their actions and help you take preemptive measures to protect your rights.

The Law in Texas

Under Section 38.04, the Texas Penal Code makes it a violation of law to “intentionally flee” from someone that you know is a peace officer lawfully trying to arrest or detain you. As a general rule, evading arrest or detention is a Class B misdemeanor, with the punishment not to exceed 180 days in jail or a fine of $2,000, or both. There are exceptions, however:

• If you use a vehicle to flee or evade arrest, and you have not prior convictions for evading arrest or detention, you may be charged with a state jail felony
• If you use a vehicle and have been previously convicted for evading arrest or detention, you may be charged with a felony of the third degree
• If someone else suffers bodily injury because of the peace officer’s attempt to apprehend you, you may be charged with a third degree felony

Defenses You Can Raise

The crime of evading arrest or detention requires intent, i.e., that you knew or should have known the person attempting to apprehend you was a peace officer. You can argue that you reasonably believed that the person was not a peace officer. You can also assert that you were u unaware that the peace officer was seeking to arrest or detain you, and that your attempt to leave the scene was for other reasons.

Evading Arrest or Detention Case Results

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call (214) 550-5771.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.