ChargesCourts & Public Order§ 38.04(b)(1)

Texas Penal Code § 38.04(b)(1)

6 charge variants · 5 counties

Variants: 6
Counties: 5

The charge

Statute

§ 38.04(b)(1)

(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;

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 Det With Prev Conviction	State Jail Felony	879	769of 888 charges
Evading Arrest Det With Prev Conviction	Class A Misdemeanor	28	28of 28 charges
Evading Arrest/Det Using Vehicle	Class A Misdemeanor	3	3of 3 charges
Attempt To Commit Evading Arrest Det With Prev Conviction	Class A Misdemeanor	2	2of 2 charges
Evading Arrest Det With Prev Conviction	Third-Degree Felony	1	1of 1 charges
Evading Arrest Det With Prev Conviction	Second-Degree Felony	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.