Texas Penal Code § 38.04 – A Charge That Escalates Fast
In Texas, evading arrest or detention occurs when a person intentionally flees from a person he knows is a peace officer (or federal agent) who is lawfully attempting to arrest or detain him.
No high-speed chase is required. Running on foot, hiding, or even refusing to pull over immediately can qualify. If death occurs, it can become felony murder or manslaughter.
Common Fact Patterns
- Running from police after a traffic stop
- Fleeing on foot after officers say “stop”
- Slow-rolling or driving away when lights are activated
- Hiding in a closet or under a bed when police announce themselves
Prosecutors love these cases because juries view fleeing as consciousness of guilt.
Why You Need Barton & Associates Immediately
Evading cases are won or lost in the first 48 hours. Body-cam and dash-cam video, witness statements, and officer testimony must be challenged early—before the story hardens. At Barton & Associates, Attorneys at Law, our former prosecutors and trial attorneys have dismissed or reduced hundreds of evading charges by:
- Proving the officer was NOT lawfully attempting detention or arrest
- Showing you did not know it was a peace officer trying to stop you
- Attacking unreasonable or excessive police pursuit tactics
- Negotiating reductions to traffic tickets or “failure to identify” when video is favorable
- Winning trials when the State cannot prove intent to flee
We respond 24/7 and start demanding preservation of all video before it’s “lost.”
If you or a loved one has been charged with evading arrest—with or without a vehicle—in Texas, contact Barton & Associates, Attorneys at Law for a free, confidential case review.
