Los Angeles criminal defense attorney explaining felony evading charges

When is Evading an Officer a Felony in California?

What Does It Mean to Evade an Officer in California?

In California, evading an officer involves a driver deliberately attempting to flee from a peace officer who is pursuing them. According to California Vehicle Code Section 2800.1, a person is guilty of evading if they, while operating a motor vehicle, willfully flee or attempt to elude a pursuing peace officer’s motor vehicle, provided the following conditions are met:

  • The officer’s vehicle has at least one lighted red lamp visible from the front.
  • The officer’s vehicle is sounding a siren as reasonably necessary.
  • The officer’s vehicle is distinctly marked.
  • The officer is wearing a distinctive uniform.

The intent to evade must be willful, meaning the driver must know that a police officer is attempting to pull them over and choose to flee or attempt to elude the officer.


When Does Evading an Officer Become a Felony in California?

Evading an officer becomes a felony in California under specific circumstances outlined in Vehicle Code Section 2800.2. This charge, often referred to as “felony reckless evading,” applies when the driver exhibits a willful or wanton disregard for the safety of persons or property while fleeing from the police. “Willful or wanton disregard” includes any of the following actions:

  • Committing three or more traffic violations.
  • Causing property damage.
  • Driving with gross negligence that creates a significant risk of injury or death to others.

Additionally, evading an officer can also be elevated to a felony if the driver’s actions cause serious bodily injury or death to another person. In such cases, the penalties are significantly more severe and can include longer prison sentences and higher fines. By meeting these conditions, the act of evading transitions from a misdemeanor to a felony, reflecting the increased danger posed by the driver’s actions during the pursuit.


What Are the Specific Actions or Circumstances That Can Elevate This Charge to a Felony?

  • Willful or Wanton Disregard for Safety: The driver commits acts showing a deliberate or reckless disregard for the safety of persons or property. This can include driving in a manner that significantly endangers others.
  • Traffic Violations: Committing three or more traffic violations while fleeing can constitute a willful or wanton disregard for safety.
  • Property Damage: Causing damage to property during the pursuit elevates the severity of the charge.
  • Serious Bodily Injury or Death: If the driver’s actions during the evasion result in serious bodily injury or death to another person, the charge is automatically elevated to a felony.

What Is the Difference Between Misdemeanor and Felony Evading?

  • Misdemeanor Evading (Vehicle Code Section 2800.1):
    • Definition: Involves willfully fleeing from a pursuing officer with the required signals (lights, siren, markings) present.
    • Penalties: Can result in up to one year in county jail, fines, and potential probation. The driver’s license may also be suspended.
  • Felony Evading (Vehicle Code Sections 2800.2 and 2800.3):
    • Definition: Involves willfully fleeing from an officer with willful or wanton disregard for safety, committing multiple traffic violations, causing property damage, or resulting in serious bodily injury or death.
    • Penalties: Can result in 16 months to 3 years in state prison, substantial fines, and longer or permanent driver’s license suspension. If serious bodily injury or death occurs, the prison sentence can be extended up to 7 years, with even higher fines.

What Are the Legal Consequences of a Felony Evading Charge?

  • State Prison Sentence: Felony evading can result in a prison sentence ranging from 16 months to 3 years. If the evasion results in serious bodily injury or death, the sentence can be extended up to 7 years.
  • Fines: Substantial fines can be imposed, often ranging from $1,000 to $10,000.
  • Driver’s License Suspension: The driver’s license can be suspended for a prolonged period, and in some cases, it can be permanently revoked.
  • Probation: The court may impose probation terms, which could include regular check-ins with a probation officer, attending court-ordered programs, and adhering to other specific conditions.
  • Increased Penalties for Repeat Offenders: Individuals with prior convictions may face harsher penalties, including longer prison sentences and higher fines.
  • Criminal Record: A felony conviction results in a permanent criminal record, which can affect future employment, housing opportunities, and other aspects of life.

What Evidence Is Typically Used to Prove Felony Evading?

  • Officer Testimony: Testimony from the pursuing officers about the driver’s behavior, the signals used (lights and sirens), and the circumstances of the pursuit.
  • Dash-cam Footage: Video evidence from police vehicle dashcams showing the pursuit, including the driver’s actions and any traffic violations or dangerous maneuvers.
  • Witness Statements: Statements from eyewitnesses who observed the pursuit and can corroborate the officers’ accounts of reckless driving or attempts to evade.
  • Traffic Violations: Documentation of any traffic violations committed during the pursuit, which can demonstrate a willful or wanton disregard for safety.
  • Accident Reports: If the pursuit resulted in an accident, reports detailing the damage or injuries caused can be used as evidence of reckless behavior.
  • Physical Evidence: Any physical evidence collected from the scene, such as vehicle damage or skid marks, that supports the claim of dangerous driving.

Can Fleeing from an Officer During a Traffic Stop Result in a Felony Charge?

Yes, fleeing from an officer during a traffic stop can result in a felony charge in California. If a driver willfully attempts to evade an officer during a traffic stop and exhibits behaviors that indicate a willful or wanton disregard for the safety of others, the charge can be elevated to a felony. Specific actions that can lead to a felony charge include:

    • Reckless Driving: Driving in a manner that endangers other drivers, pedestrians, or property.
    • Multiple Traffic Violations: Committing three or more traffic violations during the evasion.
    • Property Damage: Causing damage to property while attempting to flee.
    • Serious Injury or Death: If the evasion results in serious bodily injury or death, it can be charged as a felony under Vehicle Code Section 2800.3.

What Are the Potential Defenses Against a Felony Evading Charge?

  • Lack of Intent: Demonstrating that the driver did not willfully intend to evade the officer. This could involve showing that the driver did not see or hear the police signals or that there was a misunderstanding.
  • Insufficient Evidence: Challenging the evidence presented by the prosecution, such as questioning the accuracy of officer testimony or dashcam footage.
  • Improper Police Conduct: Arguing that the officers did not follow proper procedures during the pursuit or traffic stop, such as failing to use lights and sirens appropriately.
  • Medical Emergency: Establishing that the driver was experiencing a medical emergency that justified their actions and caused them to flee unintentionally.
  • Mistaken Identity: Proving that the defendant was not the person driving the vehicle during the evasion.
  • Necessity: Arguing that the driver fled due to an immediate threat to their safety, such as fear of being harmed by the pursuing officer.

How Can an Attorney Help if You Are Charged with Felony Evading?

  • Case Evaluation: An experienced attorney will thoroughly review the details of your case, including police reports, dashcam footage, and witness statements, to identify any weaknesses in the prosecution’s case.
  • Challenging Evidence: Your attorney will challenge the prosecution’s evidence, questioning the accuracy of officer testimonies and the validity of the dashcam footage.
  • Negotiation: Skilled attorneys can negotiate with prosecutors to reduce the charges or seek alternative sentencing options, such as probation or community service, instead of jail time.
  • Defense Strategy: Your attorney will develop a defense strategy tailored to your case. This might involve arguing that you lacked the intent to evade, questioning the procedures followed by law enforcement, or presenting evidence of a medical emergency.
  • Court Representation: If your case goes to trial, your attorney will represent you in court, presenting a strong defense to the judge and jury, cross-examining witnesses, and arguing on your behalf.

How Does a Felony Evading Charge Affect Your Driving Privileges?

A conviction typically results in a mandatory suspension of your driver’s license. This suspension can last for an extended period, often up to several years. In severe cases, especially those involving serious bodily injury or death, your driver’s license may be permanently revoked, preventing you from legally driving in the state. Convictions for serious offenses like felony evading often lead to significantly higher insurance premiums. Some insurance companies may refuse to cover you altogether. If you are caught driving while your license is suspended or revoked due to a felony evading conviction, you may face further legal penalties, including additional fines and jail time.


Can a Felony Evading Charge Be Reduced to a Misdemeanor?

Yes, it is possible to have a felony evading charge reduced to a misdemeanor, depending on the circumstances of your case and the effectiveness of your legal defense. Having an experienced criminal defense attorney is crucial in pursuing a reduction of charges. They will know how to effectively negotiate and present your case to achieve the best possible outcome.

Here are some potential ways this can happen:

  1. Plea Bargaining: Your attorney can negotiate with the prosecutor to reduce the charge in exchange for a guilty plea. This is often done to avoid the risks and uncertainties of a trial.
  2. Lack of Evidence: If your attorney can successfully challenge the evidence against you, such as proving that the prosecution’s case lacks sufficient proof of willful or wanton disregard for safety, the charge may be reduced.
  3. Mitigating Factors: Presenting mitigating factors, such as a lack of prior criminal history, a strong community support system, or evidence that the evasion was not as dangerous as alleged, can sometimes persuade the prosecutor or judge to reduce the charge.
  4. Pretrial Motions: Filing motions to dismiss or suppress evidence that was obtained unlawfully can weaken the prosecution’s case, potentially leading to a reduction in charges.

What Is the Role of Intent in Determining the Severity of the Evading Charge?

  • Misdemeanor Evading (Vehicle Code Section 2800.1): For a misdemeanor evading charge, the prosecution must demonstrate that the driver willfully fled from a pursuing officer. This means the driver knew the officer was attempting to pull them over and intentionally tried to avoid stopping. The presence of the officer’s lights, siren, and marked vehicle, along with the officer’s uniform, are critical elements that the driver must have recognized.
  • Felony Evading (Vehicle Code Section 2800.2): For a felony evading charge, the prosecution must not only prove willful intent to evade but also show that the driver acted with willful or wanton disregard for the safety of persons or property. This higher level of intent involves committing dangerous acts, such as reckless driving, multiple traffic violations, or causing property damage during the pursuit. The presence of these aggravating factors elevates the charge from a misdemeanor to a felony.
  • Causing Injury or Death (Vehicle Code Section 2800.3): If the evasion results in serious bodily injury or death, the prosecution must prove that the driver’s actions were willful and resulted in significant harm. The intent to evade coupled with the severe consequences of the driver’s actions leads to even harsher penalties and a felony charge.

Contact a Los Angeles Criminal Defense Attorney

If you or a loved one is facing a charge of evading a police officer, Attorney Arash Hashemi brings over 20 years of experience to your defense. He will thoroughly examine your case and craft a solid strategy to secure the best possible outcome. Our firm is dedicated to defending your rights and ensuring justice is served.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.

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