Can an evading arrest class b misdemeanor be changed to a state jail felony…?
Read the WHOLE statute: 38.04 (b) (1) EXCEPT that the offense is: 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. Proof is not necessary for a charge, only a preponderance of evidence. Proof is established (or not) in a court trial. And they don’t have to prove that you were driving if they can still prove that you willfully assisted in the evasion, even by simple encouragement.
