California law makes it a crime to evade or attempt to flee from a police officer who is actively pursuing you. While evading a law enforcement officer will always attract a criminal charge, you will be charged with a more serious crime if your act involves reckless driving and endangering the safety of others. California Vehicle Code 2800.2 on felony evading attracts severe and life-changing consequences.
However, before you face a conviction under this statute, the prosecution must prove that you fled from an officer. Additionally, it must be clear that you operated a vehicle with wanton disregard for the safety of others.
If you have been charged with felony evading an officer, you must speak with an experienced criminal lawyer. Your attorney will protect your rights and help you build a solid defense against your charges.
An Overview of California Vehicle Code 2800.2
There are many reasons why drivers evade police officers, including avoiding an arrest for a crime, avoiding a speeding ticket, or being in a hurry. If you fail to obey an officer’s order to stop your vehicle, you can be arrested and charged with evading. How you drive your car while fleeing from the officer will dictate the type of charges that the prosecution will bring against you.
If you are charged with felony evading an officer, the prosecution must establish the following elements of the crime beyond a reasonable doubt:
1. A Police Officer was Pursuing you
The first element that must be clear during your trial for violating VC 2800.2 is that the officer was actively pursuing you. You can only flee when an officer is pursuing you in a police vehicle or motorcycle. Additionally, you must be in a motor vehicle during the incident. Running away from a police officer on foot or on a bicycle does not constitute evading.
2. You Willfully Evaded the Police officer
You are only guilty of felony evading an officer if you intentionally speed away to avoid capture by the officer. Police officers stop you for various reasons. However, if you did not notice the officer’s attempts to get to you or stop your vehicle, there would be no evidence to prove that your actions were willful.
3. The Officer was Marked Distinctively
You are not obliged to stop your vehicle when a civilian flags you down. Therefore, you will be guilty of evading if there is sufficient evidence to ascertain that the officer was marked through the following:
- The officer’s vehicle had at least one red light lamp visible during the incident.
- You saw or should have seen the light.
- The vehicle was sounding an alarm while the officer pursued you.
- The officer’s car had another distinctive marking beside the siren. This could include flashing lights, a seal, or the name of the police department they represent.
- The officer wore a distinctive uniform. The police uniform has many components. However, during the prosecution of this offense, the officer doesn’t need to have a complete uniform. A single visible part of the uniform is enough to identify the officer.
4. You Drove a Vehicle with Wanton Disregard for Safety
The most critical element of felony evading an officer is how you operate your vehicle while fleeing. Your actions disregard the safety of other people and property if:
- You knew or should have known that your actions presented a significant risk to people and property. The court compares your conduct with that of a reasonable person to show your recklessness.
- You ignored the risk. Knowing that your actions can cause injury to another person and continue acting the same makes your conduct particularly serious.
If you commit up to three traffic violations while fleeing from a police officer, you can be charged with felony evading. This will be the case regardless of whether or not you pose a risk to others. You must understand that evading an officer while under drug or alcohol influence may not be enough to attract a conviction for felony evading.
Penalties for Felony Evading a Police Officer
If the prosecution can establish all the elements of reckless evading, you can be found guilty and convicted. Regardless of its name, a violation of Vehicle Code 2800.2 is a wobbler. A wobbler is a crime that can be charged as a felony or as a misdemeanor. The following factors may dictate the nature of your charges:
- Your criminal history. If you’re a repeat offender with a history of committing crimes against law enforcement officers, the slightest evidence of reckless behavior could prompt the prosecution to file felony charges against you. Being a repeat offender indicates your unwillingness to learn from your mistakes and be rehabilitated.
- Specific circumstances of your case. When you evade a police officer and drive your vehicle recklessly, the level of danger you pose to others can dictate the nature of your charge. In cases where you cause property damage or an injury to someone else, the prosecution can file felony charges.
- Your eligibility for probation. If you are eligible for a probation sentence instead of incarceration, the prosecution may be prompted to file misdemeanor charges under VC 2800.2.
- The strength of the prosecutor’s case. When the prosecution does not have strong evidence to support the charges they bring against you, they have a better chance of securing a misdemeanor conviction. Therefore, recharges are reserved when there is evidence to support the elements of the crime.
As a felony, evading a police officer is punishable by a prison sentence of sixteen months, two or three years. The court may also impose fines of up to $10,000.
Felony Probation for Evading a Police Officer
There are three sentencing options for a felony conviction in California:
- Prison time,
- Fines, and
- Probation.
Mostly, probation is an alternative to incarceration. If probation is part of your sentence, you will serve part of your sentence as a supervised community service sentence. Felony probation lasts for three to five years, depending on the specific facts of your case.
The court attaches strict conditions that you must follow while serving your probation, which include:
- Suspension of your driving privileges
- You must not engage in criminal activity while on probation
- Undergo drug and alcohol treatment
- Court-ordered mental health counseling
- Attend a driver retraining program.
You must follow all probation conditions, failure to which you will face the harsh consequences of a probation violation.
Legal Defenses Against VC 2800.2 Charges
A conviction for reckless evading of an officer attracts severe legal and collateral consequences, especially when charged as a felony. Therefore, you should be aggressive in fighting the charges. The first step in building a successful defense is hiring and retaining a knowledgeable attorney. Your lawyer will help protect you from forced confessions, harassment, and police misconduct throughout your arrest and interrogation.
There are many strategies and approaches that you can take in your case. The best possible outcome of your case is a dismissal of your charges or walking away with a not-guilty verdict. However, if the prosecution has a strong case, you can work to negotiate a plea for a lesser offense like California Vehicle Code 2800.1.
You can use the following defenses to fight your charges for felony evading:
Lack of Intent to Flee
One critical element that constitutes felony evading is your intent to flee from an officer pursuing you. You cannot be convicted under this statute unless your criminal intent is clear. For example, if you were pulled over in an unsafe neighborhood, your failure to stop could be associated with fear for your safety.
Another way you can explain away your lack of intent to flee from the officer is if you had a parent who needed emergency medical care in your vehicle. If you believed stopping the vehicle would endanger them, you may avoid a conviction for reckless evading. However, the lack of intent to evade does not justify violating traffic rules. Therefore, you may still be found guilty of reckless driving.
You did not Evade an Officer
Before you face a conviction for felony evading, the prosecution must prove you knew or should have known that the officer was in your pursuit. The law states that an officer’s vehicle and clothing must be marked for easy identification. If the officer who attempted to stop your vehicle was not marked distinctively, you would not be found guilty of violating VC 2800.2.
Insufficient Evidence to Prove that you Drove Recklessly
Your driving conduct is a critical determining factor of the statute under which the prosecutor files your evading charge. Clearly, you operated your vehicle recklessly and endangered other people while fleeing from the officer. In California, prosecutors file the most serious charges that the evidence they have against you can support.
Sometimes, the prosecuting attorney can file charges for felony evading without evidence to back the claim. In addition to reckless driving, you must have violated several other traffic rules for your offense to qualify as a violation under VC 2800.2. You can avoid a conviction under this statute by arguing that your conduct was not reckless.
Unlawful Stop
California law gives every person a right against unlawful traffic stops by the police. Before a law enforcement officer attempts to stop your vehicle, they should have probable cause that you were engaging in a criminal act. An officer can lawfully stop your vehicle if you are suspected of drunk driving or you reach a DUI checkpoint.
You can argue that you failed to stop the vehicle out of fear of police brutality or because you thought you were a victim of racial profiling. The illegal stop can override the alleged violation on your part.
Frequently Asked Questions on the Felony Evading of a Police Officer?
The moments following an arrest and charges for felony evading an officer can be challenging and confusing. The uncertainty surrounding the outcome of your case can take a toll on you. The following frequently asked questions will help you understand more about your crime, charges, and potential consequences:
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What is the difference between evading an officer and felony evading an officer?
California VC 2800.1 and PC 2800.2 involve fleeing from an officer. However, one factor differentiating the two crimes is your conduct while fleeing from the officer. You will be charged with felony evading if, while evading, you drive a vehicle recklessly and with disregard for the safety of other people. You do need to have caused injury to another person or property damage to be charged under this statute.
Another difference between evading and felony evading is the nature of the charges. While violation of VC 2800.1 is a misdemeanor, VC 2800.2 is a wobbler. This means that the offense can attract felony or misdemeanor charges depending on the specific factors of your case.
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What happens when I cause an accident while evading an officer?
When the prosecutor files VC 2800.2 charges against you, evidence of injury is unnecessary. Being reckless and placing other people or property at risk is enough to obtain a conviction. However, causing injury to another person while evading an officer is an aggravating factor in your case. This means you will receive a harsher sentence.
If you cause the death of another person while fleeing from an officer, the prosecution could charge you with vehicular manslaughter along with felony evading. If you are found guilty of both offenses, you may serve a sentence of up to 25 years in prison.
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Will a conviction for VC 2800.2 impact my driving privileges?
A conviction for reckless evading an officer will significantly impact your driver’s license. The court will impose a mandatory license suspension for up to one year for your first offense. If you cause injury to another person while violating VC 2800.2, your license suspension will be longer. If you hold a commercial driver’s license, or a subsequent conviction for felony evading an officer
The Department of Motor Vehicles will be notified of your arrest and will attempt to suspend your license before you appear in court for your trial under VC 2800.2. Your best bet at retaining your driving privileges at this stage is to schedule a DMV hearing to contest the suspension. In addition to a license suspension, the court may impound your vehicle, and you must pay the fees to release it.
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Will I lose my gun rights for felony evading?
VC 2800.1 can attract misdemeanor or felony charges. If you face a felony conviction, you risk losing your gun rights. California law allows most residents to purchase and possess firearms unless they are convicted felons. However, if you are convicted of felony evading, you will be stripped of this right.
An attempt to purchase or use a firearm after an arrest and charges for felons in firearm possession under California Penal Code 28900 meets the firearm ban.
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Can I be found guilty of felony evading if I was intoxicated?
Intoxication is not an excuse to violate the law. However, a conviction for reckless evading requires evidence that you intended to flee from the law enforcement officer. An intoxicated person may be incapable of formulating an intent to flee. While the intoxication argument may help you avoid charges for felony evading, you can be charged and convicted for drunk driving and VC 23152.
DUI is a misdemeanor that results in a jail sentence of up to six months. Compared to felony evading, facing charges for drunk driving is a favorable outcome.
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Can felony evading an officer be reduced to evading a police officer?
One of the defense strategies in your VC 2800.2 case is to fight for a reduced charge. If you are unsure that you will win your case and avoid a conviction under this statute, your attorney could negotiate a plea deal for VC 2800.1 with the prosecution. Entering a plea deal means you plead guilty to evading an officer, followed by dismissing your felony evading charges.
Since evading an officer is a misdemeanor, the longest you can spend in jail is one year. Sometimes, you can avoid incarceration through misdemeanor probation.
Find a Top-Notch Criminal Attorney Near Me
Anyone who flees from a police officer in a vehicle while driving with disregard for the safety of other people and property will be arrested and charged with felony evading an officer. The manner of driving and the danger you pose to others differentiate felony reckless evading from misdemeanor evading.
Reckless evading of an officer is a serious offense that attracts a mandatory jail sentence for anyone found guilty. The court may also impose hefty fines for the crime. In addition to incarceration and fines, a conviction for this offense will remain on your record, affecting your personal and professional life.
You will need to undergo other tedious court processes like expungement or seeking a certificate of rehabilitation to avoid the disabilities of your conviction. Fortunately, not all arrests under VC 2800.2 attract a conviction. With the guidance of a skilled criminal lawyer, you can fight to have charges dropped or reduced to the less serious Vehicle Code 2800.1. If you or your loved one faces charges for felony evading an officer in Van Nuys, CA, you will benefit from the expert legal guidance we offer at Leah Legal. Call us today at 818-484-1100 to discuss the details of your case.