Evading Arrests: Different Forms and Common Defenses
Facing an arrest is a stressful situation. However, attempting to evade arrest creates a separate legal issue with its own set of consequences.
This article explores the different forms that evading arrest can take and some common defenses that a criminal defense attorney might employ.
Understanding What Evading Arrest is
Evading arrest, also known as resisting arrest, is a crime that occurs when a person intentionally avoids being apprehended by a law enforcement officer who has probable cause to make an arrest. This can occur in various ways, and the severity of the charges can differ depending on the specific circumstances.
- Fleeing on Foot: This is the most common form of evading arrest. It involves running away from an officer who has identified themselves and signaled their intent to detain or arrest the suspect.
- Fleeing in a Vehicle: Evading arrest in a vehicle is a more serious offense compared to fleeing on foot. This is due to the increased danger posed by a high-speed chase.
- Passive Resistance: This involves non-violent methods of obstructing an arrest, such as tensing muscles, going limp, or refusing to comply with verbal instructions.
Important Considerations
There are a few crucial points to remember regarding evading arrest:
- Knowledge of Officer: For an evading arrest charge to stick, the prosecution must prove the suspect knew they were being pursued by a law enforcement officer with the authority to make an arrest.
- Reasonableness of Flight: In some situations, a person might flee out of fear or confusion, particularly in cases of mistaken identity. A criminal defense attorney might argue that the flight was reasonable under the circumstances.
- Severity of Charges: The severity of the evading arrest charge depends on the underlying offense and the methods used to evade. Evading a minor traffic stop will likely result in fewer charges compared to fleeing arrest.
If you are facing charges for evading arrest, a criminal defense attorney can explore various legal defenses to fight the charges or potentially reduce them. Here are some common approaches:
- Lack of Knowledge: As mentioned earlier, the defense can argue the suspect didn’t realize they were being pursued by a legitimate law enforcement officer.
- Unlawful Arrest: If the initial stop or attempted arrest was deemed unlawful, the act of fleeing might be justified.
- Mistake of Fact: The defense can argue the suspect mistakenly believed they were in danger, leading them to flee out of fear.
- Consent to Stop: In some cases, the officer might not have properly communicated their intent to detain the suspect, leading to confusion and the defendant fleeing in the process.
The Importance of Legal Representation
Evading arrest charges can have serious consequences, including jail time, fines, and a criminal record that can impact your future. A skilled criminal defense attorney can analyze the details of your case, identify potential weaknesses in the prosecution’s case, and develop a strong defense strategy.
Reckless Evasion: A More Serious Charge
Evading arrest can also be charged as a felony under California Vehicle Code 2800.2, known as felony reckless evading. This applies when the act of evading arrest involves a willful or wanton disregard for the safety of others.
Examples include:
- Fleeing at high speeds through areas with high civilian traffic.
- Running red lights or stop signs and endangering other drivers or pedestrians.
- Driving on the wrong side of the road.
The penalties for felony reckless evasion are significantly harsher than a misdemeanor evading arrest charge. A conviction can lead to imprisonment in state prison for up to three years, hefty fines, and a suspended driver’s license.
If you are facing charges of evading arrest, contacting a criminal defense attorney immediately is critical. An experienced lawyer can assess the specific circumstances of your case and develop a strategy to fight the charges or negotiate a reduced sentence.
