EVADING ARREST DET W/PREV CONVICTION

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 state jail felony filing under § 38.04(b)(1) is the repeat-offense variant: the State must prove the elements of evading — intentional flight, actual knowledge of the officer's status, and a lawful attempted arrest or detention — and must also show that the accused has previously been convicted of evading arrest or detention under the same section. The prior conviction operates as an element that raises the grade of the charge above the base Class A misdemeanor form of flight on foot, and it distinguishes this variant from the vehicle-flight and injury-based felony forms graded under § 38.04(b)(2).

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

Across 20,192 Texas bail settings for this charge (84 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $6,000 (middle half: $3,000 – $15,000). 4% of defendants were released on a personal bond, and bail was denied in 1,267 cases. When this was the only charge at booking (2,984 records), the median was $5,000 and 15% got a personal bond.

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.

Of 2,903 EVADING ARREST DET W/PREV CONVICTION charges filed 2019–2023 across 12 counties (Bastrop, Brazoria, Collin, Comal, Dallas, FortBend, Harris, Hays, Montgomery, Rockwall, Travis, Williamson), 94% have reached a disposition:

How long it takes: the median EVADING ARREST DET W/PREV CONVICTION charge took 164 days from filing to disposition (middle half: 59 – 351 days, 2,899 charges).

Outcome is the final disposition recorded on the charge. “Other” (15) 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.

• EVADING ARREST DETENTION § 38.04(b)
• EVADING ARREST DET W/VEH § 38.04(b)(2)(a)
• 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)
• EVADING ARREST DET CAUSE SBI § 38.04(b)(2)(b)