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The Legal Consequences Of Fleeing From Police In Texas
John D.
Sometimes people panic. They get scared during a traffic stop or a run-in with law enforcement and decide to run. But in Texas, fleeing from the police is a serious crime even if you think you didn’t do anything wrong.
Running from an officer can turn a minor issue into a big legal problem. Texas laws are strict when it comes to evading arrest or detention. Whether you’re on foot or in a vehicle, the decision to flee can lead to jail time, large fines, and a criminal record that sticks with you for life.
If you or someone you know is dealing with this charge, it helps to understand what the law says, what kind of punishment is possible, and what steps you can take.
What Does It Mean To Flee From Police In Texas?
Under Texas Penal Code Section 38.04, a person can be charged with “evading arrest or detention” if they intentionally try to get away from a police officer or someone they know is a law enforcement officer who is lawfully trying to detain or arrest them.
It doesn’t matter how you flee on foot, in a car, or even on a bike. If you knowingly avoid an officer during a lawful stop or arrest, that’s a crime.
For the charge to hold, three things must be true:
- The officer was trying to arrest or detain you legally
- You knew they were a police officer
- You make choices to run or avoid them
This law applies in many situations during a routine traffic stop, at a crime scene, or even if you’re just being questioned.
When It’s A Misdemeanor
If it’s your first time and you tried to flee on foot, you’ll likely face a Class A misdemeanor. While that’s not as serious as a felony, it still brings real consequences:
- Up to 1 year in county jail
- A fine of up to $4,000
- A permanent mark on your criminal record
For example, if you’re stopped for a traffic violation and decide to run on foot, you could face this charge even if the original reason for the stop was minor. The act of fleeing becomes the bigger issue.
While that is never any fun, it is routine. There could be some hours spent in the holding cell or perhaps overnight.
It might be that they could post bail and walk away quite fast. Car towing is yet another issue to be tackled later. It is an anxious night ahead, but a whole new story is yet to come.
When It Becomes A Felony
If you flee in a vehicle, things change. Even if no one gets hurt, using a car or truck while trying to get away is automatically treated more harshly.
That’s called felony evading in Texas. Depending on the situation, it could lead to:
- 180 days to 2 years in a state jail (state jail felony)
- Or up to 10 years in prison if someone is hurt during the chase (third-degree felony)
- Fines up to $10,000
And if someone dies because of the pursuit, the charge can rise to a second-degree felony, which carries 2 to 20 years in prison. In short, fleeing in a vehicle is never worth the risk. The law assumes it’s reckless, dangerous, and potentially deadly.
What Makes The Penalty Worse?
Certain actions or details can make the charge more serious. These are called aggravating factors. Here are some examples:
- You used a car to flee
- You have prior convictions for evading police
- You caused injury or death to someone
- You were carrying a weapon during the attempt
- The pursuit happened in a school zone or residential area
If any of these are present, prosecutors in Texas will likely push for a tougher sentence. The more people are at risk during your attempt to run, the worse the outcome tends to be.
The Long-Term Impact
Even after serving jail or prison time, the consequences continue. A conviction for fleeing from police can affect many parts of your life.
Here’s what you might face:
- Loss of your driver’s license
- Difficulty getting a job, especially in fields that do background checks
- Trouble renting an apartment
- College admissions or financial aid issues
- Immigration problems, including possible deportation if you’re not a citizen
- Civil lawsuits if someone was hurt during your attempt to flee
Many people think once they’re out of jail, things go back to normal. But in reality, a criminal record can follow you for years, sometimes forever.
Are There Any Defenses?
Yes, there are. Just because you were charged doesn’t mean you’re guilty. A good defense attorney in Texas can review the facts and possibly challenge the charge.
Here are some common defenses:
- You didn’t know the person chasing you was a police officer
- The arrest wasn’t legal or the officer didn’t have the right to stop you
- You didn’t mean to flee you panicked or were confused
- Someone else was driving the vehicle
- There’s not enough evidence to prove you tried to escape
Each case is different. Sometimes, there are surveillance videos or dash cam footage that help prove your side of the story. Other times, it’s your word versus theirs. Either way, having legal help can make all the difference.
What You Should Do If You're Accused
If you’re facing a charge for fleeing from police, the way you respond matters. Here’s what you should do:
- Stay calm and don’t resist further
- Don’t talk to the police without a lawyer
- Write down everything you remember from the situation
- Avoid social media, anything you post can be used against you
- Contact a defense attorney as soon as possible
Final Thoughts
Running from police may feel like the right move at the moment, but in Texas, it’s a decision that can cost you dearly. A small situation can quickly become a felony case with prison time, huge fines, and a record that stays with you.
The law in Texas doesn’t go easy on evasion, especially when it puts others in danger. Still, everyone makes mistakes. And with the right legal help, there’s a chance to move forward and protect your future. If you’re facing charges for evading arrest in Texas, contact L&L Law Group today. We’ll help you understand your rights and fight for your freedom.