How to Beat a Felony Evading Charge in California
Charged with Felony Evading? Here’s How to Fight Back in Los Angeles
If you were arrested for felony evading in California, you’re likely overwhelmed, anxious, and wondering if you’re going to jail. A felony evading conviction under Vehicle Code 2800.2 VC — often called felony reckless evading — can result in severe penalties — is not just a serious charge, it’s one that could carry state prison time, a strike on your record, and long-term consequences for your career, license, and reputation. But getting arrested is not the same as getting convicted — and with the right legal defense, it may be possible to beat the charge or get it significantly reduced.
At The Law Offices of Arash Hashemi, we’ve been defending clients against felony driving offenses in Los Angeles for over 20 years. We understand how law enforcement documents these cases, where prosecutors often overreach, and what it takes to fight back — both in and out of court.
What Is Felony Reckless Evading in California?
Under California Vehicle Code 2800.2 VC, felony evading charges occur when a driver allegedly flees from a police officer in a vehicle with reckless disregard for safety. That means the prosecution has to prove more than just fleeing — they must show your driving posed a danger to others. Common examples include high speeds, running red lights, swerving through traffic, or ignoring stop signs. But if your driving wasn’t reckless, it may not rise to the level of a felony — and we can often argue for a reduction to a misdemeanor under VC 2800.1 or even seek dismissal altogether.
One of the first things we evaluate is whether the officer was in a clearly marked vehicle, with active lights and sirens. If the police car was unmarked, or the lights and sirens weren’t activated properly, we can argue that you didn’t realize you were being pursued — which can eliminate a key element of the charge.
We also examine the circumstances of the alleged felony evading or reckless evading pursuit. Were you in an unfamiliar area? Was it dark or unsafe to stop immediately? Were you trying to get to a safe location before pulling over? If there’s reasonable doubt about your intent to evade, the felony charge may not apply — and we can use that to push for dismissal or a plea to a lesser offense.
In some cases, our clients were dealing with medical emergencies, panic attacks, or psychological conditions that made them react in fear rather than malice. These situations require careful explanation to the court — and we’ve had success getting charges reduced when we present the full context behind the driving behavior.
Another powerful defense tool is challenging the police report and dashcam or bodycam footage. We look closely at whether the officer’s version of events holds up. Did they exaggerate the danger? Did they follow correct procedures during the stop? Did they violate your constitutional rights when arresting you or searching your vehicle? If so, we can file motions to suppress key evidence — and that can weaken or destroy the DA’s case.
Even if the prosecution has strong facts, that doesn’t mean a felony evading conviction is inevitable. There are proven strategies to beat a felony evading charge in California, depending on the facts of your case. In many cases — especially for first-time offenders with no injuries or prior strikes — we’ve negotiated outcomes that keep clients out of prison, off probation, and free from felony records. These include:
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Reductions to reckless driving or failure to yield
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Diversion programs (if eligible)
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Misdemeanor pleas with no jail time
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Dismissal through suppression motions or plea negotiations
Every felony evading case is different — and what works in one case might not work in another. That’s why we take the time to fully review the facts, footage, police conduct, and legal issues in your case. Then we tailor your defense strategy based on what gives you the best chance of walking away without a felony on your record.
When you hire our firm, Attorney Arash Hashemi will work directly with you to explain the charges, lay out your options, and immediately start building your defense. We don’t wait for court to fight for you — we contact the DA early, push for evidence, and look for every opportunity to get ahead of the case.
If you’ve been charged with felony evading in Los Angeles, don’t wait for your arraignment to start protecting yourself. The longer you wait, the more time the state has to build a case against you.
Contact our office today or schedule your free consultation online. Located in West Los Angeles, we proudly serve clients throughout the greater Los Angeles area — including Santa Monica, Beverly Hills, Culver City, Westwood, Marina del Rey, and surrounding neighborhoods.
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