Evading arrest is a serious criminal offense which violates California Vehicle Code 2800.1. Many factors can influence whether an evading arrest offense is charged as a misdemeanor or a felony.
If you have been charged with evading arrest, you must retain legal assistance from an experienced criminal defense lawyer to either get your charges reduced, or your case dismissed entirely. At the Law Office of Nicolai Cocis, we are prepared to review your case and determine all of your legal options to obtain the most favorable outcome possible. Since 1999, our Temecula criminal defense lawyer has successfully defended hundreds of clients.
Misdemeanor and Felony Evading Arrest Penalties
The crime of evading arrest is defined as "any individual who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle."
For a misdemeanor conviction, the prosecutor must prove that the defendant intended to evade the officer, the defendant seen or should've seen at least one lighted red lamp of the officer's vehicle, the officer sounded the siren, the officer's vehicle was distinctly marked, and the peace officer was wearing a distinctive uniform. A misdemeanor evading conviction results in a maximum jail sentence of one year and a fine of up to $1,000.
To be charged with felony reckless evading in California, the offender must evade a police officer in a motor vehicle, and in doing so, drive with a willful or wanton disregard for the safety of other persons or property. A felony conviction is punishable by a prison sentence of 16 months, two, or three years, as well as a fine of up to $10,000.
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Do not hesitate to get our experienced and skilled legal team on your side. Our Temecula criminal defense lawyer is ready to start your case immediately.
Since 1999, we have helped hundreds of people by providing a superior legal defense. We have in-depth knowledge of the laws, local prosecutors and judges who work out of the Southwest Riverside Justice Center. We use this to our advantage for fighting all types of criminal charges, especially for the most serious of cases.
Our office is located in Murrieta, California and we have helped individuals who faced criminal charges arising from the surrounding cities of Temecula, Hemet, Menifee, Lake Elsinore, Wildomar, Perris, Corona and Riverside.
Contact us to discuss your legal options.
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