Evading Arrest - Tarrant County Criminal Lawyers, Fort Worth Criminal Attorneys

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Tarrant County Criminal Lawyers | Fort Worth Criminal Attorneys
Representing individuals charged with criminal offenses

Evading Arrest

Early intervention in a criminal case can often make the difference between facing misdemeanor or felony charges, or indeed whether or not any charges are filed at all. Please do not hesitate to contact our office and schedule a consultation to discuss the specific facts of your case.

§ 38.04. Evading Arrest or Detention, Texas Penal Code

(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.

(b) An offense under this section is a Class B misdemeanor, except that the offense is:

(1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;

(2) 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; or

(3) 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.

(c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.

(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

TARRANT COUNTY CRIMINAL LAWYERS
Criminal Attorneys serving Fort Worth & all of Tarrant County
Law Offices of Kennedy & Kennedy
303 West Abram Street
Arlington, Texas (TX) 76010
(817) 460-7171 Metro (817) 461-2800

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