Evading Arrest or Detention

Typically, this offense is charged as a Class B Misdemeanor and has a range of punishment of up to 180 days in jail, up to a $2,000 fine or both such fine and confinement.  However, if the act was committed in a motor vehicle then it is considered a State Jail Felony which has a range of punishment of 180 days to 2 years confinement in the State Jail Division of the Texas Department of Correctional Facilities, up to a $10,000 fine or both such fine and confinement.  Notably, there is no good time credit in State Jail.  The time is served day for day.

The information for evading arrest must allege that the defendant knew the police officer was attempting to arrest him according to the Texas Criminal Appeals Court in Jackson v. State. 

The felony evading arrest is a continuous offense that extends from the beginning of the chase until the apprehension of the defendant.  Fleeing or attempting to elude a police officer is a lesser-included offense of evading arrest because “the only difference between the two statutes …is the element of evading arrest that requires [the defendant’s] knowledge that the officer was attempting to lawfully arrest or detain him.”