Evading Arrest

Travis County, Texas · Austin arrest records

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⚖️ Texas Law — Charge Details

Up to 2 years state jail + $10,000 fine (with vehicle or prior)

Offense Evading Arrest or Detention

Statute Texas Penal Code § 38.04

Penalty Level Class A Misdemeanor (on foot) / State Jail Felony (vehicle, prior conviction)

Evading Arrest or Detention under Texas Penal Code § 38.04 occurs when a person intentionally flees from a peace officer who is lawfully attempting to arrest or detain them, and the person knows the officer is trying to do so. On foot, it is a Class A Misdemeanor (up to one year jail). Using a vehicle to flee — even briefly — elevates the charge to a State Jail Felony. If the flight causes serious injury or death, the charge becomes a Third or Second-Degree Felony respectively. A prior evading conviction also elevates the current charge.

⚡ Potential Penalty Enhancements

If this condition applies…	Charge escalates to	Statute
Using a vehicle to evade	State Jail Felony — 180 days–2 years, $10,000 fine	§ 38.04(b)(1)
Prior conviction for evading arrest	State Jail Felony regardless of method	§ 38.04(b)(1)
Using a vehicle + serious bodily injury to another	Third-Degree Felony — 2–10 years, $10,000 fine	§ 38.04(b)(2)(A)
Using a vehicle + death of another person	Second-Degree Felony — 2–20 years, $10,000 fine	§ 38.04(b)(2)(B)

📄 Read the Texas statute →

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Kawan Jshawn Montgomery

#2609969 · Apr 08, 2026 · Travis County Correctional Complex

Evading Arrest

Charged with Evading Arrest?