San Antonio, TX asked in Criminal Law for Texas

Q: Hello how much time is a person looking at with a felony of evading arrest and 3 misdemeanors

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Evading arrest can be a misdemeanor or a felony. Depending on the facts and the defendant's criminal history, it can be:

State Jail Felony - punishable by 6 months to 2 years.

Third Degree Felony - punishable by 2 to 10 years in the state penitentiary.

Second Degree Felony - punishable by 2 to 20 years in the state pen.

So the time totally depends on the level of the felony.

You can figure it out how the case is charged by looking at the indictment and comparing it with section 38.04 of the Texas Penal Code, which is posted here:

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