Houston Attorney on Evading Arrest or Detention

Matt Horak is an experienced criminal defense attorney that defends individuals charged with evading arrest or detention in Houston, Harris County and in The Woodlands, Montgomery County, TX. Call today to speak directly with Matt Horak about the facts of your case.

Texas Statute Section 38.04 - Evading Arrest or Detention

In order for the prosecutor to prove the crime of evading arrest or detention under Statute Section 38.04 of the Texas Penal Code, the prosecutor must prove the following elements:

1. that the person who fled is the person who committed the crime;
2. that the defendant acted intentionally;
3. that the defendant fled;
4. from another person that the defendant knew was a peace officer (police officer or law enforcement);
5. that the law enforcement officer was attempting to arrest or detain the defendant;
6. that the attempted arrest or detention was legal.

The crime of evading arrest or detention can be raised from the level of a class A misdemeanor to a Texas jail felony if the prosecutor proves that the defendant used a vehicle while evading arrest. See Texas Penal Code § 38.04.

Finding an Attorney in Houston for Evading Detention or Arrest