In Texas, it is illegal to try to evade arrest by running away, on foot, from a police officer or federal investigator who is trying to make a lawful arrest. The person fleeing must know that the arresting officer is a peace officer or a federal special investigator.
Evading arrest on foot is, in most cases, a misdemeanor. Using a vehicle to escape from police is a much more serious charge, typically classed as a felony.
The Texas statute is unusual. Most states make it an additional offense only to resist arrest or to flee in a vehicle—both of which can pose a significant danger to the police officers and innocent bystanders. Resisting arrest usually means using or threatening to use physical force against the law enforcement officer or someone else, or otherwise creating a risk of injury to the police officer or a bystander.
To violate the Texas criminal statute that prohibits fleeing on foot, you must:
- flee intentionally
- know the person you’re running from is a peace officer or federal special investigator, and
- know that the officer or investigator is attempting to lawfully arrest or detain you.
Say, for example, that a plain-clothed police investigator tried to arrest someone, without identifying himself or herself as a police officer. The person who was stopped, with no way of knowing that the person trying to detain him or her was actually a police officer, would not be guilty of evading arrest.
Penalties for Evading Arrest on Foot
A first offense of evading arrest on foot is a Class A misdemeanor. These crimes are punished by a fine of up to $4,000, up to a year in county jail, or both. (Tex. Penal Code section 12.21.) This punishment is in addition to whatever punishment is given for the crime the person was being arrested for in the first place.
Someone who has been previously convicted of fleeing arrest, or who uses a vehicle to flee, can be charged with a state jail felony. Punishment for conviction is confinement in a state jail for at least 180 days but not more than two years. In addition, the court may impose a fine of up to $10,000. (Tex. Penal Code section 12.35.)
If, as a result of fleeing the arresting officer, there are more serious consequences, there can be more serious charges:
If someone suffers serious bodily injury as a direct result of the officer’s attempt to catch the fleeing suspect, the charge can be a third-degree felony. A third-degree felony in Texas can be punished by a prison sentence of at least two years, and up to ten years. There may also be a fine of up to $10,000. (Tex. Penal Code section 12.34.)
If someone is killed as a direct result of the officer’s attempt to catch the fleeing suspect, the charge can be a second-degree felony. Someone convicted of a second-degree felony in Texas can be sentenced to state prison for at least two years, and up to 20. The court may also fine the offender up to $10,000. (Tex. Penal Code section 12.33.)
Getting Legal Advice
Conviction for a misdemeanor can mean significant jail time, and any criminal record will affect the ability to keep your job, get a new one, rent an apartment or get credit later in life. If you’re charged with a crime, talk to a local criminal defense attorney quickly.
