Houston Office: 713.225.8000 | The Woodlands Office: 281.609.2900

Evading Arrest or Detention

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 (713) 225-8000 today to speak directly with Matt Horak about the facts of your case.

Houston Evading Arrest Lawyer

The Texas Legislature created the following two criminal statutes to criminalize flight from a law enforcement officer:

  1. evading arrest or detention; and
  2. fleeing and attempting to elude a police officer.

The driver commits the offense of fleeing and attempt to elude a police officer if he “willfully fails or refuses” to stop the vehicle or flees, “or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.” See § 545.421(a) of the Texas Transportation Code. The elements for evading arrest or detention in a motor vehicle are slightly different.

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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.

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Finding an Attorney in Houston for Evading Detention or Arrest

If you have been charged with the serious criminal offense of evading detention or arrest, then contact an experienced criminal defense lawyer in Houston, Texas. Horak Law represents clients charged with serious traffic crimes in Houston, Harris County, Montgomery County or The Woodlands, Texas.

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Houston, TX 77007


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The Woodlands, TX 77380