Evading Arrest Lawyer In Beaumont, TX
Penal Code § 38.04 sets the level of an evading charge mostly by one fact: whether a vehicle was used. This page covers what the state must prove, how the levels work, how these cases are defended and how they move through Jefferson County.
What Is Evading Arrest In Texas?
Evading arrest or detention under Penal Code § 38.04 means intentionally fleeing from someone the person knows is a peace officer who is attempting lawfully to arrest or detain them. On foot it is a Class A misdemeanor. Using a vehicle or watercraft makes it a felony, and the lawfulness of the stop is something the state must prove.
Source: Texas Penal Code Chapter 38, Obstruction and Evading
Understanding Texas Law
How Does Texas Law Define Evading Arrest?
A person commits evading arrest or detention if they intentionally flee from someone they know is a peace officer or federal special investigator who is attempting lawfully to arrest or detain them. Three parts of that sentence do most of the work in court.
The flight has to be intentional. The person has to know the one pursuing is an officer, which is where lights, sirens, uniforms and marked units come in. And the attempt has to be lawful. If the officer had no basis for the stop, the statute is not met.
Flight does not require speed. A driver who keeps rolling after an officer signals to stop can be charged, if the state proves a deliberate refusal to yield.
What the state must prove beyond a reasonable doubt:
- The person intentionally fled
- The person knew the pursuer was a peace officer or federal special investigator
- The officer was attempting lawfully to arrest or detain the person
- For a felony level, that a vehicle or watercraft was used or that an injury or death resulted
How § 38.04 sets the level:
- On foot with no prior evading conviction: Class A misdemeanor
- On foot with a prior evading conviction: felony
- In a vehicle or watercraft: felony
- Serious bodily injury to another person from the pursuit: third degree felony
- Death of another person from the pursuit: second degree felony
The section lists each of these circumstances separately, so the charging document shows which one the state relies on. It also has its own provisions for a tire deflation device used against an officer.
Penalties And Consequences
What Are The Penalties For Evading Arrest In Texas?
One section can produce a misdemeanor or a second degree felony. These are statutory limits, not predictions for any one case.
Up to one year in county jail and $4,000.
The grade depends on the current text of § 38.04(b).
2 to 20 years and up to $10,000.
- On foot, no prior
- Class A misdemeanor. Up to one year in county jail and a fine up to $4,000.
- In a vehicle or watercraft
- Felony. The grade turns on the current text of § 38.04(b), which was amended in 2024, and on whether there is a prior evading conviction.
- Serious bodily injury
- Third degree felony. 2 to 10 years in prison and a fine up to $10,000.
- Death from the pursuit
- Second degree felony. 2 to 20 years in prison and a fine up to $10,000.
- Deadly weapon finding
- Possible where a vehicle was used in a manner capable of causing death or serious bodily injury. It limits judge-ordered community supervision and delays parole eligibility.
- Record
- A felony conviction is a permanent public record and can affect work, licensing and firearm rights.
Evading rarely arrives alone. A pursuit can add charges tied to the reason for the stop, such as a DWI, drug possession or a collision.
Real Questions
What Do People Ask About Evading Arrest In Texas?
Does the stop have to be lawful for the charge to stand?
What if a driver stopped at the next lit parking lot instead of right away?
Is running on foot after the car stops a different charge?
Can the charge be reduced?
Possible Defenses
How Can Evading Arrest Be Defended?
The statute covers only an officer "attempting lawfully to arrest or detain," so the justification for the stop is part of what the prosecution must establish. The opening moments of the encounter are therefore examined closely.
A defense attorney compares the recordings, the written report and the location against each other to see what the state can really show. No result can be promised.
The first seconds of the encounter come under review.
- What violation or suspicion the officer relied on to start the stop
- When the emergency lights and siren came on, as shown on the video
- Whether the driver could see or hear that an officer was signaling
- How far the vehicle travelled, and whether a safe place to stop existed
Constitutional issues include the legality of the stop and any search that followed.
Reason For The Stop
What violation or suspicion did the officer rely on to begin the encounter?
Knowledge Of An Officer
Could the driver see or hear that a peace officer was signaling?
Intent To Flee
Does the evidence show deliberate flight, or a search for a safe place to stop?
Who Was Driving
Can the state prove who was behind the wheel, not just who owns the car?
The Level Charged
Does the indictment and the evidence support the felony grade alleged?
Injury Or Death
Did any injury result directly from the officer's attempt to apprehend the person?
Local Process
What Happens After An Evading Arrest In Jefferson County?
The level of the charge decides which court takes the case and whether a grand jury is involved. Pursuits can cross the lines between agencies, such as Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
Arrest And Bond
After booking, a magistrate sets bond. A vehicle case is a felony from the start, and the bond reflects that.
Charging
A felony evading charge goes to a grand jury, which decides whether to indict. A misdemeanor proceeds on a complaint and information.
Discovery
The defense can ask for the state's evidence, including pursuit video and dispatch audio, under Code of Criminal Procedure art. 39.14.
Court Settings
The case is set for a plea, a dismissal or a trial.
- Misdemeanor court
- Filed in one of the Jefferson County Courts at Law and handled by prosecutors in Jefferson County.
- Felony court
- After an indictment, heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street, with the Jefferson County Criminal District Attorney's Office prosecuting.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Booking
- The county jail, run by the Jefferson County Sheriff's Office.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
A pursuit can end with added charges, such as reckless driving or a DWI. When a deadly weapon finding attaches to a felony evading conviction, the case is treated like the offenses on the 3g list for probation and parole. That finding is separate from guilt and is decided on its own evidence.
Next Steps
What Should You Do After An Evading Arrest Charge?
These steps are general information, not advice for any one person.
Do Not Discuss The Pursuit
What you say about whether you saw the lights can become key evidence.
Note Where It Began
Write down where and when the stop started and what you saw and heard.
Ask About Video Early
Patrol and body camera video can be overwritten, so speak to a lawyer promptly.
Keep Court Papers
Save the bond, any warrant and every notice.
Ask What Else Was Filed
One stop can produce several charges from the same event.
Stay Off Social Media
Do not post about the stop or the pursuit.
Talk to a lawyer before deciding what to do. Mitchell Law Firm offers a confidential conversation about an evading arrest charge in Jefferson County, and the earlier the video is requested, the more of it is available.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 38: Evading arrest or detention and resisting arrest
- Texas Penal Code Chapter 12: Punishment for misdemeanors and felonies
- Texas Penal Code Chapter 1: Definitions, including serious bodily injury and deadly weapon
- Texas Transportation Code Chapter 545: Rules of the road
- Texas Code of Criminal Procedure Chapter 14: Arrest without warrant
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Traffic Charges
Other Criminal Traffic Charges In Beaumont, TX
A few minutes of pursuit can leave several charges behind. See the full Traffic Violations defense overview for Beaumont.
Failure To Stop And Give Information
Leaving a collision that damaged a vehicle without exchanging information. A Class B misdemeanor once damage reaches $200.
Failure To Stop And Render Aid
Leaving a collision where someone was hurt or killed, graded by the worst injury.
Reckless Driving
Driving in wilful or wanton disregard for safety. A criminal charge that can bring an arrest, not a ticket paid by mail.
Street Racing
Racing on a highway under Transportation Code § 545.420. A Class B misdemeanor on its own, and a felony once someone is hurt.
Street Racing With Bodily Injury
When a race on a public road injures or kills someone, § 545.420 makes it a third or second degree felony.
Common Questions
Evading Arrest Questions People In Beaumont Ask
Is evading arrest in a car a felony in Beaumont, TX?
Under Penal Code § 38.04, using a vehicle or watercraft while fleeing from a peace officer is a felony. The grade and range are set by the current text of § 38.04(b) and by whether the person has a prior evading conviction, so the charging document should be read closely to see which level the state alleges.
How is evading arrest different from resisting arrest in Jefferson County?
Evading under § 38.04 is intentionally fleeing from an officer who is lawfully trying to arrest or detain a person. Resisting under § 38.03 is using force against an officer making an arrest or search. One concerns running away and the other concerns force. They are separate offenses with separate elements and separate penalties.
Can a vehicle be called a deadly weapon in a Beaumont evading case?
Texas law lets a motor vehicle be treated as a deadly weapon when the way it was used or intended to be used was capable of causing death or serious bodily injury. A deadly weapon finding in a judgment changes the rules for judge-ordered community supervision and for parole eligibility, so the language of the charging document matters.
What must the state prove for evading arrest in Jefferson County?
The state must prove that the person intentionally fled, knew the person pursuing was a peace officer, and that the officer was attempting lawfully to arrest or detain them. If the attempted detention was not lawful, the statute is not met. Each element must be proven beyond a reasonable doubt.
What if someone is injured during a pursuit near Beaumont, TX?
Section 38.04 raises the offense to a third degree felony if another person suffers serious bodily injury as a direct result of the officer's attempt to apprehend the person fleeing, and to a second degree felony if another person dies as a direct result. Separate charges can also be filed for the crash itself, such as assault or manslaughter offenses.
What if a driver in Jefferson County did not notice an officer signaling?
Knowledge is an element, so the state has to show the driver knew the vehicle behind was a peace officer and chose to flee. Video can show when the lights and siren came on, how far the car travelled and whether the driver could see or hear them. A driver who never noticed a signal is in a different position from one who did and kept going.
Mitchell Law Firm, PLLC
The Video Shows The First Seconds
Dash and body camera footage records the stop from the first light. Call early, while the evidence is still being gathered.
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