ESCAPE FROM CUSTODYTexas Penal Code (PC) § 38.06(a)
Escape From Custody is a Class A misdemeanor under Texas Penal Code (PC) § 38.06(a). It is punishable by up to 1 year in county jail and a fine up to $4,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ESCAPE FROM CUSTODY” mean?
Escape From Custody is a Class A misdemeanor under Texas PC § 38.06(a).
Texas Penal Code § 38.06 defines escape. The State must prove the accused escaped from custody while under arrest for, lawfully detained for, charged with, or convicted of an offense, or while in custody pursuant to a lawful order of a court. "Escape," defined in Texas Penal Code § 38.01, means an unauthorized departure from custody, including a failure to return to custody following a temporary leave granted for a specific purpose or a limited period; "custody" means being under arrest by a peace officer or under restraint by a public servant pursuant to a court order. This Class A misdemeanor variant under § 38.06(a) and (b) applies when the underlying matter is a misdemeanor; escape involving a felony charge or confinement in a secure facility is the separate felony variant under § 38.06(c).
What usually happens to a ESCAPE FROM CUSTODY charge?
39% ended without a conviction, 12% in deferred adjudication and 49% in a conviction.
How 83 resolved ESCAPE FROM CUSTODY charges filed 2019–2023 ended, across 13 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Hays, Rockwall, Travis, Williamson):
Outcome is the final disposition recorded on the charge. “Other” (0) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.
How long does a ESCAPE FROM CUSTODY case take to resolve?
Typically about 7 months: half of resolved cases closed within 207 days of filing.
Across 83 resolved ESCAPE FROM CUSTODY charges filed 2019–2023, the median time from filing to disposition was 207 days. The middle half took between 104 and 398 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ESCAPE FROM CUSTODY cases end?
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
What is the punishment for Escape From Custody in Texas?
Up to 1 year in county jail and a fine up to $4,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
How much is bail for ESCAPE FROM CUSTODY in Texas?
The median bail is $3,500, and 4% of defendants were released on a personal bond.
Across 1,819 Texas bail settings for this charge (14 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $3,500 (middle half: $2,000 – $7,500). 4% of defendants were released on a personal bond, and bail was denied in 61 cases. When this was the only charge at booking (192 records), the median was $4,000 and 7% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 157 | $1,500 | $1,000 – $3,500 | 0% | 1% |
| El Paso | 153 | $5,000 | $2,000 – $13,750 | 8% | 5% |
| Bexar | 138 | $2,750 | $2,000 – $5,000 | 5% | 2% |
| Dallas | 97 | $1,500 | $1,000 – $2,750 | 0% | 6% |
| Travis | 88 | $5,000 | $3,500 – $7,500 | 10% | 6% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Charged with ESCAPE FROM CUSTODY?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.