EVADING ARREST DETENTION W/VEH OR WATERCRAFTTexas Penal Code (PC) § 38.04(b)(1)(b)

“EVADING ARREST DETENTION W/VEH OR WATERCRAFT” stands for Evading Arrest Detention with Vehicle or Watercraft, a state jail felony under Texas PC § 38.04(b)(1)(b).

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).

63% ended without a conviction, 12% in deferred adjudication and 26% in a conviction.

How 43 resolved EVADING ARREST DETENTION W/VEH OR WATERCRAFT charges filed 2019–2023 ended, across 9 counties (Brazoria, Collin, Comal, FortBend, Galveston, Hays, Montgomery, Rockwall, Travis):

Outcome is the final disposition recorded on the charge. “Other” (0) 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.

Typically about 6 months: half of resolved cases closed within 192 days of filing.

Across 43 resolved EVADING ARREST DETENTION W/VEH OR WATERCRAFT charges filed 2019–2023, the median time from filing to disposition was 192 days. The middle half took between 62 and 505 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

180 days to 2 years in a state jail and a fine up to $10,000.

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

The median bail is $7,500, and 5% of defendants were released on a personal bond.

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)