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To: Spktyr

I didn't realize that running from the police was a misdemeanor. Wouldn't that be considered resisting arrest (even if by evasion)? I'll have to check, but for some silly reason I thought that was a felony.


11 posted on 09/06/2006 8:33:14 PM PDT by Ro_Thunder ("Other than ending SLAVERY, FASCISM, NAZISM and COMMUNISM, war has never solved anything")
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To: Ro_Thunder

Evading arrest can be either a felony or a misdemeanor.

EVADING ARREST OR DETENTION. (a) A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor,
except that the offense is:
(1) a state jail felony if the actor uses a vehicle
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 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 from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
(c) In this section, "vehicle" has the meaning assigned by
Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this
section and another law may be prosecuted under either or both this
section and the other law.

Until the 2001 legislative session, it was a misdemeanor if you ran from the cops in your vehicle and it was the first time you'd done so. Now it's a felony.


12 posted on 09/06/2006 8:45:50 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Ro_Thunder

Forgot the citation - that's Texas Penal Code Section 38.04.


13 posted on 09/06/2006 8:47:15 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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