When Can I Be Charged With Evading a Police Officer?
Charges for evading a police officer can end up costing you jail time. But what counts as evading? You can be charged with evading an officer for far less than a high-speed pursuit: California punishes anyone driving a motor vehicle who tries to flee from law enforcement.
Only Willfully Evading a Police Officer Is a Crime
A California prosecutor seeking to convict you of evading a police officer must prove that you:
- Were being pursued by law enforcement;
- You willfully fled from the pursuit by driving a motor vehicle; and,
- You were or should have been aware that the officer was pursuing you.
When you are being pursued, any type of evasion, no matter how minor, can be considered fleeing. This means any attempt to elude law enforcement can be a crime. Simply taking a sudden turn, speeding up, or darting through a stop sign or red light all can count as evasion. As long as the driving maneuver was intending to get away from a pursuing officer, it can be a considered an evasive action.
In California, willfully means that you took your actions on purpose, as opposed to accidentally or involuntarily. It does not mean you intended to break the law. In an evasion case, intentionally hitting the accelerator or turning the wheel can count as willful conduct.
How Do You Know You Are Being Pursued?
To be punished for evading a police officer, you either must have known that you were being pursued, or should you have known under the circumstances that an officer was pursuing you.
To secure a conviction against you, a California prosecutor must prove that all of the following occurred:
- The front of the officer’s vehicle had at least one light red lamp that was visible.
- You either had seen the red lamp or at least should have seen it.
- The law enforcement vehicle was sounding a siren as the environment deemed necessary.
- Law enforcement’s car was distinctively marked in some way.
- The officer was in a police uniform.
This does not mean that an undercover police car cannot properly pursue you. Instead, as long as there is a distinctive marking on the vehicle and it is displaying a light and sirens, you cannot attempt to evade. One feature that separates the car from non-law enforcement vehicles is enough to be considered distinctively marked.
Punishments Available For Evading a Police Officer
Evading a police officer is always a misdemeanor in California. The maximum penalty you can receive for evading an officer is one year in county jail and a $1,000 fine.
Typically, charges of evasion are considered for summary probation. If a judge orders probation, you may avoid jail time altogether. You will need to carry out the terms of your probation without any future legal troubles. Whether you are offered probation will depend on the facts of your case and your criminal history.
Fortunately, a conviction for evading a police officer does not result in negative immigration or gun ownership consequences. You also may be able to expunge your record once you have completed your sentence. This includes any probationary conditions.
Have you been arrested for evading a police officer in Anaheim, California? The skilled defense attorneys at Chambers Law Firm can help craft a legal strategy to defend against the charges. Set up a free consultation with a member of our team by calling 714-760-4088 or emailing dchambers@clfca.com today.
