Evading a Police Officer

Are you facing charges for evading a police officer in Los Angeles?

Evading a police officer can be charged as a misdemeanor under California Vehicle Code Section 2800.1, or as a felony under California Vehicle Code Section 2800.2 or 2800.3. You will be charged with a felony if in the course of evading a police officer you drive recklessly, or cause serious bodily injury or death to another person.

If you are facing charges for evading a police officer in California, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

How does the prosecution prove that I am guilty of Evading a Police Officer?

Misdemeanor Evading

To be found guilty of misdemeanor evading a police officer under California Vehicle Code Section 2800.1 the prosecution must prove that you;

  • Willfully fled from a police officer;
  • While the officer was pursuing you in a vehicle or on a bicycle

  • Felony Evading

    In some circumstance evading a police officer can be a “wobbler” offense. This means that the prosecutor can charge it as a misdemeanor or a felony. This decision will depend on a number of factors, including how recklessly you were driving, the severity of the injury caused, and your criminal history. There are two circumstances in which evading a police officer becomes a "wobbler" offense;

    Felony Reckless Evading

    To be found guilty of felony reckless evading the prosecution must prove that you;

    • Willfully fled from a police officer;
    • While the officer was pursuing you in a vehicle or on a bicycle; AND
    • Drove with a willful or wanton disregard for the safety of persons or property

    • Felony Evading Causing Serious Bodily Injury

      To be found guilty of felony evading causing serious bodily injury the prosecution must prove that you;

      • Willfully fled from a police officer;
      • While the officer was pursuing you in a vehicle or on a bicycle; AND
      • Caused serious bodily injury to another person

      • Note: When evading the police results in death it will always be charged as a felony.

        Los Angeles Criminal Defense Lawyer Miles Booth

        Los Angeles Criminal Defense Lawyer

        How can I defend myself against Evading a Police Officer Charges?

        The most common defenses to a misdemeanor evading charge are that;

        • You did not act willfully
        • You did not intend to evade
        • The police car did not have its flashing lights activated

        • If you are charged with felony evading your charges will be reduced to a misdemeanor if you can show that;

          • You were not driving with willful or wanton disregard for the safety of others, OR
          • You did not cause serious bodily injury to another person

          • Just because you have been accused of, or charged with evading a police officer does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

            What are the Penalties for Evading a Police Officer?

            Misdemeanor evading a police officer under California Vehicle Code Section 2800.1, 2800.2 or 2800.3, is punishable by;

            • up to one year in county jail and/or
            • a maximum fine of $1,000

            • A first time offense however may result in 3 years summary probation in lieu of jail time.

              Felony evading a police officer under California Vehicle Code Section 2800.2 is punishable by;

              • up to three years in state prison and/or
              • a maximum fine of $10,000

              • Additionally, your vehicle may be impounded for up to 30 days.

                Felony evading a police officer under California Vehicle Code Section 2800.3, evading causing serious bodily injury, is punishable by;

                • up to seven years in state prison, or
                • up to ten years in state prison if it results in death, and/or
                • a fine of up to $10,000

                • Contact Los Angeles criminal defense attorney miles booth

                  Facing charges for evading a police officer can be overwhelming. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

                  Miles Booth will work tirelessly to defend you, and get the best possible outcome in your case. He has handled thousands of cases throughout Los Angeles County and understands the steps necessary to best defend you.

                  To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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