• Skip to primary navigation
  • Skip to main content
  • Skip to footer
LeGrande Law

LeGrande Law

Locked Up? Call LeGrande Law!

  • Houston Criminal Lawyer – About
  • Blog
  • Practice Areas
    • Drug Crimes
      • Marijuana / THC Possession
      • Controlled Substances
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Theft of Firearm
      • Possession of Firearm by Felon
    • Driving While Intoxicated (DWI)
    • Assault Crimes
      • Aggravated Assault
      • Family Violence
    • Evading Arrest
    • Racing on a highway
    • Parole & Probation Violations
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • White Collar Crimes
      • Fraud
      • Money Laundering
      • Fraudulent Use of Identifying Information
      • Texas Money Services Act
      • Embezzlement
      • Forgery
    • Juvenile Law
    • Expunction & Nondisclosure
    • Asset Forfeiture
  • Defenses
    • Illegal Search and Seizure
    • Affirmative Links
    • Self Defense
    • Defense of Property
  • Legal Guides
  • Contact Us

Locked Up?
Call LeGrande Law!

(281) 684-3500
Criminal Justice I Ran From the Polic ...
1

I Ran From the Police and They Caught Me! What am I Looking At?

January 22, 2019

When the adrenaline kicks in, or maybe your fight or flight instinct tells you to ‘RUN,’ people sometimes try to get away from the police.  Maybe you are accused of trying to get away from the police.

Potential punishments for evading arrest or detention depend on several things, namely, whether or not you were in a vehicle, and whether you failed to stop or were attempting to flee.  If accused of running from the police in a motor vehicle, or have a previous conviction for evading arrest – you are looking at Felony exposure.

 

 


What is Evading Arrest (Texas Penal Code 38.04) under Texas Law? 


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 or federal special investigator attempting lawfully to arrest or detain him.

Laymen’s terms: 1. Intentionally flee, 2. Person you know is a cop, 3. Attempting to lawfully arrest/detain.

  • If charged with Evading arrest ON FOOT…the offense is a class A misdemeanor, with a potential punishment of up to 1 year in county jail and a fine not to exceed $4,000.

IF CHARGED WITH EVADING ARREST IN A MOTOR VEHICLE, IT IS A FELONY

38.04(b)(2) EVADING ARREST OR DETENTION (WITH A MOTOR VEHICLE)

(b)(2) An offense under this section is a felony of the third degree if the actor uses a vehicle or watercraft while the actor is in flight.

  • If charged with evading arrest IN A MOTOR VEHICLE…the offense is a 3rd degree felony punishable by 2 to10 years in the Texas Department of Criminal Justice, and a fine not to exceed $10,000.

What is Eluding Arrest (Texas Transportation Code 545.421)? 


This is a lesser known offense that is seldom charged, but is often a more accurate way to describe a situation in which an officer is attempting to arrest or detain someone, but the person does not yield to their authority (they are not necessarily trying to flee, or get away, but just are not yielding to the officers order to stop).

Texas Transportation Code 545.421 Fleeing or Attempting to Elude Police Officer

(a) A person commits an offense if the person operates a motor vehicle and willfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.

  • Fleeing or attempting to elude a police office is a Class B misdemeanor punishable by up to 6 months in jail and a fine not to exceed $2,000.  However, the offense is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury (see the punishment range for class A Misdemeanors above).

CHARGED WITH EVADING ARREST?

CALL LEGRANDE LAW!

281-684-3500

Whether you are accused of evading arrest or detention, or ANY CRIME, do not leave your future up to chance!!!!  You need an attorney with a track record of successfully defending criminal cases.

 Attorney Tristan LeGrande gets results – CALL NOW for a Free Consultation!

CONTACT ATTORNEY TRISTAN LEGRANDE TODAY!

http://www.legrandelaw.com

http://www.houstondrugattorney.net

Houston Drug Attorney Tristan LeGrande

Tristan LeGrande – LeGrande Law

 

Related

Categories
  • Criminal Justice
Tags
  • criminal defense,
  • evading arrest,
  • Legrande Law,
  • Tristan LeGrande

Filed Under: Criminal Justice Tagged With: criminal defense, evading arrest, Legrande Law, Tristan LeGrande

Criminal Justice I Ran From the Polic ...

Call top rated Houston criminal defense lawyer Tristan LeGrande directly if you need legal consultation or advice.

(281) 684-3500

or

Contact Us

CONTACT LEGRANDE LAW


0 / 180

Footer

Contact

Address

712 Main Street, Suite 1840
Houston, TX 77002 USA

Telephone

281-684-3500

Fax

713-575-9694

Español

281-236-2326

Navigation

  • Houston Criminal Lawyer – About
  • Blog
  • Defenses
  • Practice Areas
  • Legal Guides | Q & A
  • Contact Us
  • Facebook
  • Instagram
  • YouTube

Other Links

  • Asset Forfeiture
  • Driving While Intoxicated (DWI)
  • Drug Crimes
  • Evading Arrest
  • Burglary
  • Theft Crimes
  • Weapon Crimes
  • White Collar Crimes

© 2025 LeGrande Law, All Rights Reserved.

Powered by [D]

Off Canvas: Main Mobile Nav

Navigation

  • Home
  • Houston Criminal Lawyer – About
  • Practice Areas
    • Assault Crimes
      • Aggravated Assault
    • Asset Forfeiture
    • Driving While Intoxicated (DWI)
    • Drug Crimes
      • Controlled Substances
      • Marijuana / THC Possession
    • Evading Arrest
    • Expunction & Nondisclosure
    • Family Violence
    • Juvenile Law
    • Parole & Probation Violations
    • Racing on a highway
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Possession of Firearm by Felon
      • Theft of Firearm
    • White Collar Crimes
      • Embezzlement
      • Forgery
      • Fraud
      • Fraudulent Use of Identifying Information
      • Money Laundering
      • Texas Money Services Act
  • Defenses
    • Affirmative Links
    • Defense of Property
    • Illegal Search and Seizure
    • Self Defense
  • Legal Guides
  • Blog
  • Contact Us