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Evading arrest on foot

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FlyingRon

FlyingRon

Senior Member
It's a felony.

It's a state jail felony unless you use a vehicle or someone gets injured (even by acts of the cops in the process) in which case it's a third degree, if someone dies it's second degree.

You can get up to $10,000 and two years on the state jail felony.
 
C

CavemanLawyer

Senior Member
No it is not a felony. Evading on foot is a class B misdemeanor punishable by up to 6 months in the county jail and/or a $2000 fine or you can get probation.

Evading is only a state jail felony if you evade using a vehicle.

Look at Sec. 38.04 of the Texas penal code.

Sec. 38.04. EVADING ARREST OR DETENTION. (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.
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