ESCAPE WHILE ARRESTED/CONFINED- FELONYTexas Penal Code (PC) § 38.06(c)
“ESCAPE WHILE ARRESTED/CONFINED- FELONY” stands for Escape from Custody While Arrested for or Confined on a Felony, a third-degree felony under Texas Penal Code (PC) § 38.06(c). It is punishable by 2 to 10 years in prison and a fine up to $10,000.
Below: how these cases end in Texas courts, how long they take, and the punishment.
What does “ESCAPE WHILE ARRESTED/CONFINED- FELONY” mean?
“ESCAPE WHILE ARRESTED/CONFINED- FELONY” stands for Escape from Custody While Arrested for or Confined on a Felony, a third-degree felony under Texas PC § 38.06(c).
Texas Penal Code § 38.06 defines escape: an unauthorized departure from custody by a person who is under arrest for, lawfully detained for, charged with, or convicted of an offense, or who is in custody pursuant to a lawful court order. This filing is the third-degree felony variant under § 38.06(c), which applies when the person who escapes either was under arrest for, charged with, or convicted of a felony, or was confined or lawfully detained in a secure correctional facility or law enforcement facility. The felony-level charge or the secure confinement is what distinguishes this variant from misdemeanor escape under § 38.06(a) and (b). "Escape" and "custody" carry the definitions in Texas Penal Code § 38.01, and escape includes failing to return from a temporary leave granted for a specific purpose or limited period.
What usually happens to a ESCAPE WHILE ARRESTED/CONFINED- FELONY charge?
36% ended without a conviction, 16% in deferred adjudication and 48% in a conviction.
How 94 resolved ESCAPE WHILE ARRESTED/CONFINED- FELONY charges filed 2019–2023 ended, across 12 counties (Bell, Brazoria, Collin, Comal, Dallas, FortBend, Galveston, Hays, Montgomery, 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 WHILE ARRESTED/CONFINED- FELONY case take to resolve?
Typically about 6 months: half of resolved cases closed within 196 days of filing.
Across 94 resolved ESCAPE WHILE ARRESTED/CONFINED- FELONY charges filed 2019–2023, the median time from filing to disposition was 196 days. The middle half took between 80 and 443 days.
Time depends on the county's docket, whether the case is set for trial, and plea negotiations.
How did real ESCAPE WHILE ARRESTED/CONFINED- FELONY 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 While Arrested for or Confined on a Felony in Texas?
2 to 10 years in prison and a fine up to $10,000.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Third-degree felony | 2 to 10 years in prison (TDCJ) | Fine up to $10,000 | Penal Code § 12.34 |
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 WHILE ARRESTED/CONFINED- FELONY in Texas?
The median bail is $10,000, and 2% of defendants were released on a personal bond.
Across 2,319 Texas bail settings for this charge (20 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $25,000). 2% of defendants were released on a personal bond, and bail was denied in 235 cases. When this was the only charge at booking (276 records), the median was $15,000 and 4% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Tarrant | 256 | $5,000 | $2,500 – $10,000 | 0% | 3% |
| Dallas | 180 | $10,000 | $5,000 – $25,000 | 0% | 13% |
| Bexar | 151 | $10,000 | $5,000 – $20,000 | 0% | 10% |
| Travis | 134 | $7,500 | $3,250 – $10,000 | 5% | 13% |
| El Paso | 122 | $10,000 | $5,000 – $25,000 | 8% | 15% |
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 WHILE ARRESTED/CONFINED- FELONY?
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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.