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Under California’s Vehicle Code Section 2800.1, evading a law enforcement officer during a legitimate pursuit is against the law. It doesn’t matter what type of vehicle the police officer is in; if you choose to flee, you might face serious consequences.
Additionally, under Section 2800.2, evading an officer can escalate to a felony charge if it is coupled with reckless driving, which can potentially lead to accidents, bodily harm, or even death to others.
Failing to comply when a law enforcement officer signals you to pull over or attempts to apprehend you puts you at risk of criminal charges for evasion. Depending on your unique circumstances, this offense may be classified as either a misdemeanor or a felony.
Key Elements the Prosecution Must Prove in Evading Charges
To achieve a conviction for evading a police officer within California, the prosecution is tasked with demonstrating several critical elements concerning both the accused individual and the law enforcement officer in question.
Proving Willful Fleeing
One vital component that the prosecution must establish is that you willfully fled or attempted to flee from the officer. It must be proven that your intent was specifically to evade and disregard the officer’s directives.
Establishing Intent
The prosecution has the onus to show that your entire purpose for fleeing was to violate the law. This means that there must be evidence indicating your intent to break the law at that moment.
Requirements for Law Enforcement’s Vehicle
The prosecution must also verify that the law enforcement vehicle adhered to the protocols set forth in Vehicle Code Section 28100.1:
- The front of the vehicle included at least one red light.
- The officer activated at least one siren during the pursuit.
- The vehicle prominently displayed official markings such as the name or emblem of the police department.
Uniform Requirements for Police Officers
In California, the law stipulates that the law enforcement officer engaged in the pursuit should be wearing what is deemed a “distinctive uniform.” While this does not necessitate a complete uniform, it does mean that the officer should have a recognizable outfit like an official vest.
Consequences of Conviction for Evading a Police Officer
In California, the ramifications for being convicted of evading a police officer can range from misdemeanor to felony charges. The presence of aggravating factors can escalate your penalties significantly.
Penalties for Misdemeanor Conviction
A misdemeanor conviction for evading a police officer entails:
- Up to one year in county jail.
- Possible fines reaching up to $1,000.
- Vehicle impoundment for a maximum of 30 days.
- Summary probation.
- Possible suspension of your driver’s license.
Felony Conviction Penalties
On the more severe end, a felony conviction can result in:
- Six to twelve months in county jail.
- Fines up to $10,000.
- A sentence of 16, 24, or 36 months in state prison.
It’s important to recognize that if aggravating factors such as reckless driving or DUI manslaughter are present, the consequences could be even more severe. Furthermore, a conviction can seriously hinder your future, affecting your reputation, employment possibilities, and financial standing.
The Importance of Legal Representation
If you’re charged with evading a police officer, enlisting the help of a skilled criminal defense attorney is crucial to safeguarding your future. Expert representation can play an integral role in seeking a dismissal or at least minimizing your charges.
Why You Need a Defense Lawyer
Engaging with a criminal defense attorney is particularly essential if your case involves aggravating factors like serious bodily injury or even the fatality of another individual. Such grave allegations can lead to serious charges, including manslaughter or DUI murder, which carry long prison sentences in California.
Negotiating with the Prosecution
While your attorney will aim to secure a dismissal of the charges whenever possible, they may also advise exploring a plea bargain if that becomes the most feasible route. A plea bargain could lead to reduced charges and penalties.
Common Defense Strategies Against Evading Charges
When facing charges of evading a law enforcement officer, several defense strategies might come into play:
- You may argue that an emergency compelled you to drive erratically, such as rushing to a hospital.
- Your defense could also focus on concerns that the pursuing vehicle was an imposter, particularly if that vehicle lacked clear identification as a police vehicle.
- If you were under the influence, you could contend that you did not intentionally set out to evade the officer.
- Demonstrating that you were searching for a safe location to pull over might also serve as a defense.
At the Law Office of Nabiel C. Ahmed, we boast over ten years of experience providing personalized legal representation in Oakland, California. Our successful history includes assisting numerous clients in securing reductions or dismissals for various criminal charges, including evading charges. We offer flexible payment plans to ensure that you receive the legal support you require, and we are ready to assist clients in Spanish as well.
If you’re facing charges for evading a police officer in Oakland or the East Bay area, take action immediately and contact the Law Office of Nabiel C. Ahmed today at 510-576-5544 to schedule a free consultation.
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