EVADING ARREST DET CAUSE SBI

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 who is attempting lawfully to arrest or detain the accused. This variant, § 38.04(b)(2)(B), is the serious-bodily-injury form: the State must additionally prove that another person suffered serious bodily injury as a direct result of an attempt by the officer or investigator to apprehend the accused while the accused was 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. The resulting injury, rather than the manner of flight, is what elevates this variant above the base offense.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Across 571 Texas bail settings for this charge (3 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 30 cases. When this was the only charge at booking (43 records), the median was $10,000 and 7% got a personal bond.

Showing the 3 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.

• EVADING ARREST DETENTION § 38.04(b)
• EVADING ARREST DET W/VEH § 38.04(b)(2)(a)
• EVADING ARREST DET W/PREV CONVICTION § 38.04(b)(1)
• EVADING ARREST DETENTION W/VEH OR WATERCRAFT § 38.04(b)(1)(b)
• EVADE ARR DET W/VEH/WTRCFT W/PREV CONV OR SBI § 38.04(b)(2)(a,b)