Texas Penal Code § 38.04(b)

6 charge variants · 6 counties

Variants: 6
Counties: 6

The charge

Statute

§ 38.04(b)

(b) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if: (A) the actor has been previously convicted under this section; or (B) the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section; (2) a felony of the third degree if: (A) the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or (B) another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from …

Published statute text · retrieved 2026-09-16 · not the full statute. Read § 38.04 on the Texas Legislature’s website

Filter these records

49 charges under § 38.04

Cases

The 8 with the most cases, of 49 charges filed under this section.

Charge variants

Each keeps its own counts and outcomes

6 charges are filed under this section. Select one to see its records, outcomes and sentences.

Charge variant	Severity	Cases	Recorded dispositions
Evading Arrest/Detention	Class A Misdemeanor	31,077	29,897of 31,077 charges
Evading Arrest Or Detention	Class A Misdemeanor	822	724of 822 charges
Evading Arrest Or Detention	Class B Misdemeanor	10	10of 10 charges
Evading Arrest Detention Lesser	Class A Misdemeanor	3	3of 3 charges
Attempt To Commit Evading Arrest Detention	Class B Misdemeanor	1	1of 1 charges
Evading Arrest Detention Lesser Included	Class A Misdemeanor	1	1of 1 charges

Cases can appear in multiple variants. Counts and sentence medians are not combined. Historical statute versions have not yet been verified.