What Does it Mean to Evade Police?
People often avoid contact with police due to uncertainty, fear, or believing that fleeing law enforcement will prevent legal issues. However, trying to evade police officers often results in harsher consequences than the reason police tried to stop someone originally. Even when a crime has not occurred, avoiding police can escalate a situation and expose individuals to new charges. Below, our San Diego criminal defense lawyer explains more about this offense.
What is Evading the Police?
Evading or avoiding the police typically refers to actions that try to interfere with or prevent contact with law enforcement. These actions can take many forms, including:
- Fleeing from a police presence or traffic stop while operating a vehicle
- Ignoring audible or visible signs to stop, such as verbal commands or emergency lights
- Refusing to follow lawful orders, such as providing a driver’s license, during an encounter
- Failing to respond to a court order, summons, or active warrant
The distinction between legal conduct and avoidance is an important one. Individuals always have the right to remain silent and ask for an attorney. These rights, known as the Miranda warning, do not allow someone to refuse, flee, or stop when they are legally required to do so. It also does not allow people to obstruct law enforcement duties.
What are the Penalties for Evading Police?
Generally, evading police is classified as a misdemeanor in California. However, there are circumstances that can elevate the offense and result in harsher penalties for those convicted. The penalties for evading police are as follows:
- Misdemeanor evading: A conviction for misdemeanor evading charges is punishable by up to 364 days in county jail, a maximum fine of $1,000, and a 30-day impoundment of your vehicle.
- Reckless evading: Reckless evading involves driving with willful or wanton disregard for the safety or persons or property. It is classified as a felony offense. The penalties for those convicted include between 16 months and 3 years in prison and a maximum $10,000 fine.
- Evading causing injury or death: Also classified as a felony, when a person is convicted of evading that caused injury or death they face between three to seven years in prison for serious bodily injury. Evading causing death carries a sentence of four to ten years in state prison.
In addition to the above penalties, a conviction will also result in a permanent criminal record, possible suspension of your driver’s license by the Department of Motor Vehicles (DMV), and increased auto insurance rates. A permanent criminal record can prevent you from finding gainful employment, housing, academic opportunities, and more.
Our Criminal Defense Lawyer in San Diego Can Help You Avoid the Penalties
Evading the police rarely provides the protection people think it will. In most cases, it results in consequences that are far more serious than the original circumstances that warranted the encounter. What may have begun as fear or uncertainty may quickly escalate into additional charges and harsher penalties. Our San Diego criminal defense lawyer at Anthony Z. Vargas, Esq., can prepare the defense you need for all charges and ensure your rights are protected so you obtain the best possible outcome. Call us today at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=148
