EVADING ARREST DETENTION W/VEH OR WATERCRAFT

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 filing, cited to § 38.04(b)(1)(B), is the variant in which the accused used a vehicle or watercraft while in flight. The State must prove the intentional flight, the accused's knowledge that the pursuer was a peace officer or federal special investigator, the lawfulness of the attempted arrest or detention, and the use of the vehicle or watercraft during the flight. Use of a vehicle is what separates this charge from misdemeanor evading on foot; overlapping 2011 amendments to § 38.04(b) produced parallel vehicle-flight provisions, so the same conduct also appears on Texas court records cited to § 38.04(b)(2)(A).

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

Across 8,968 Texas bail settings for this charge (63 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $7,500 (middle half: $3,000 – $15,000). 5% of defendants were released on a personal bond, and bail was denied in 381 cases. When this was the only charge at booking (1,416 records), the median was $7,500 and 7% 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.

• 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)
• 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)