Penal Code § 38.04(b)(2)(a,b) · Third-degree felony

EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI

Evade Arrest Detention with Veh/wtrcft with Previous Conviction or Serious Bodily Injury in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.

$10,000
Median cash bail
4%
Released on personal bond
1,964
Bail records

What “EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI” means

Texas Penal Code § 38.04 defines evading arrest or detention: intentionally fleeing from a person the accused knows is a peace officer or federal special investigator attempting lawfully to arrest or detain the accused. This third-degree felony filing, labeled on court records "EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI," covers the aggravating circumstances in § 38.04(b)(2): the accused used a vehicle or watercraft while in flight and has a previous conviction for evading, or another person suffered serious bodily injury as a direct result of the officer's or investigator's attempt to apprehend the accused while in flight. "Serious bodily injury," defined in Texas Penal Code § 1.07, means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Charged asShare of bail recordsPossible confinementFineSource
Third-degree felony100% 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.

Bail for EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI in Texas

Across 1,964 Texas bail settings for this charge (15 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $10,000 (middle half: $5,000 – $25,000). 4% of defendants were released on a personal bond, and bail was denied in 80 cases. When this was the only charge at booking (225 records), the median was $10,000 and 14% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Tarrant 281 $5,000 $2,500 – $10,000 0% 0%
Travis 150 $7,000 $1,500 – $15,000 27% 9%
Dallas 116 $10,000 $5,000 – $25,000 3% 6%
McLennan 77 $5,000 $5,000 – $7,000 1% 0%
Fort Bend 63 $10,000 $4,000 – $20,000 5% 14%

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.

Recent EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI cases

CaseCountyFiledDisposedOutcome
26-DCR-114670FortBendApr 27, 2026Jul 8, 2026Deferred adjudication
23-DCR-103621FortBendJan 8, 2024Jun 18, 2026Guilty or no-contest plea
25-CR-1872GalvestonMay 19, 2025Jan 30, 2026Deferred adjudication
24-DCR-109328FortBendOct 28, 2024Dec 1, 2025Guilty or no-contest plea
24-DCR-109939FortBendDec 30, 2024Oct 6, 2025Deferred adjudication
24-CR-4718GalvestonDec 4, 2024Jun 26, 2025Deferred adjudication
24-CR-4120GalvestonOct 21, 2024Jun 20, 2025Guilty or no-contest plea
24-CR-3323GalvestonAug 28, 2024Mar 10, 2025Guilty or no-contest plea
24-CR-3322GalvestonAug 28, 2024Mar 10, 2025Dismissed by the prosecutor
22-DCR-098318FortBendJan 24, 2022Sep 23, 2024Dismissed by the prosecutor

Charged with EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI?

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Bail 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.