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 asPossible confinementFineSource
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.

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.

How real EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI cases ended

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

24-CR-3322 · Galveston County
Filed Aug 28, 2024 → Dismissed by the prosecutor Mar 10, 2025 (6 months)
Dismissed
22-DCR-098318 · FortBend County
Filed Jan 24, 2022 → Dismissed by the prosecutor Sep 23, 2024 (32 months)
Dismissed
22-11-15524 · Montgomery County
Filed Nov 15, 2022 → Dismissed by the prosecutor Jul 12, 2023 (8 months)
Dismissed
NA22-552 · Comal County
Filed Aug 16, 2022 → Dismissed by the prosecutor Aug 15, 2022
Non-Prosecution Affidavit

Deferred adjudication

26-DCR-114670 · FortBend County
Filed Apr 27, 2026 → Deferred adjudication Jul 8, 2026 (2 months) · plea: guilty
CSCD 4 Years
25-CR-1872 · Galveston County
Filed May 19, 2025 → Deferred adjudication Jan 30, 2026 (8 months) · plea: guilty
Sentenced - Probation/Community Service
CR2022-440 · Comal County
Filed Nov 16, 2022 → Deferred adjudication Nov 16, 2022 · plea: guilty
CSCD 5 Years with Community Service of 120 Hours THE DEFENDANT'S LICENSE SHALL BE SUSPENDED FOR THE ENTIRE TERM OF SUPERVISION. THE DEFENDANT SHALL COMPLETE 120 HOURS OF COMMUNITY SERVICE.
401-82325-2020 · Collin County
Filed Aug 11, 2020 → Deferred adjudication Jun 24, 2021 (10 months) · plea: guilty

Ended in a conviction

23-DCR-103621 · FortBend County
Filed Jan 8, 2024 → Guilty or no-contest plea Jun 18, 2026 (29 months) · plea: guilty
Convicted
24-CR-4120 · Galveston County
Filed Oct 21, 2024 → Guilty or no-contest plea Jun 20, 2025 (8 months) · plea: guilty
Sentenced - Prison
18,081 · Bastrop County
Filed Apr 4, 2023 → Guilty or no-contest plea Jun 26, 2024 (15 months) · plea: guilty
Convicted
D-1-DC-21-302413 · Travis County
Filed Dec 3, 2021 → Guilty or no-contest plea Apr 22, 2024 (29 months) · plea: guilty
CONVICTED

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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.