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Evading a Peace Officer can be a Felony or Misdemeanor

Evading a peace officer can be a misdemeanor or a felony depending on how dangerous the evading was.  Any person driving a vehicle who evades or flees a peace officer may be guilty of a misdemeanor under Vehicle Code (VC) 2800.1 and if you evade with a wanton and willful disregard for ther safety of persons or property, it is a felony under VC 2800.2.  There are other required elements like a marked patrol car exhibiting lights and siren etc.

There may be technical defenses to the charge if the officer did not meet the requirements.  Other defenses may involve the accused not seeing the officer, or hearing the siren.  If charged with a felony, then it is important to show the evading was not done with a reckless disregard for the safety of persons or property.  A misdemeanor is punishable by up to a year in jail and a $1000 fine, a felony may be punishable by 6 months to a year in jail or up to 3 years in prison and up to a $10,000 fine.  There can also be a license suspension.  If someone is injured or killed, penalties drastically increase.

There are many variables in these cases and other factors important in negotiating settlements in these cases.  These are seriious charges which require experienced criminal defense professional representation.  Call Christoph Law Offices at 760-941-5720 for a free consultation and evaluation.  We have handled hundreds of evading cases over more than 30 years across from Vista Courts.    


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