Evading a Police Officer Defense

Attempting to Evade a Police Officer

Oakland Traffic Violation Lawyers

When a police officer attempts to pull you over or apprehend you, you are required by law to obey. If you attempt to flee, then you could be arrested and charged with evading a police officer. These charges are serious criminal offenses and should not be taken lightly. As such, it is important to retain the services of an experienced Oakland criminal defense lawyer immediately in order to begin building a solid defense.

If you are charged with evading a police officer, you can either be charged with a misdemeanor offense (Vehicle Code 2800.1 VC) or a felony offense (Vehicle Code 2800.2 VC). The circumstances surrounding the offense will dictate whether the prosecutor charges you with a felony or a misdemeanor.

In order to be convicted of evading a police officer in California, the prosecution must prove beyond a reasonable doubt that you:

  • Willfully fled or attempted to elude a police officer
  • You did so specifically to evade the police officer
  • The police vehicle exhibited at least one lit red light in the front
  • You reasonably saw this red light
  • The officer sounded the siren
  • The officer's vehicle was appropriately marked
  • The officer was wearing an appropriate uniform

Another words, if you evade a police officer in an unmarked car or an officer who is undercover, you should not be convicted of evading a police officer. In addition, if you did not intend to flee from the police officer, you should not be convicted of this charge.

Yet even in these situations, you need an experienced Oakland criminal defense lawyer to expose the holes in the prosecution's case. Without seasoned legal representation, you could find yourself facing serious penalties.

Penalties for Evading a Police Officer

If you are convicted of evading a police officer, you face the following penalties and consequences:

  • Misdemeanor evading a police officer
  • Up to 1 year in county jail
  • Maximum of $1,000 fines
  • Impound vehicle for up to 30 days
  • Possible suspension of your driver's license
  • Felony evading a police officer
  • 6 month to 1 year county jail
  • 16 months, 2 years, or 3 years in state prison
  • Up to $10,000 fines
  • Additional enhanced penalties for serious bodily injury or DUI manslaughter charges

Aggravating Factors When Evading a Police Officer

If while you were evading a police officer, you caused serious bodily injury or death to another person, you face up to 10 years in a state prison. You could also face manslaughter charges, DUI murder charges, and more. If while you were evading a police officer, you drove against oncoming traffic on a freeway, you can face enhanced penalties, including up to 3 years in state prison.

Negotiating a Lesser Charge

When you are facing criminal charges for evading a police officer, your attorney will attempt to have these charges dismissed by exposing the weaknesses in the prosecution's case. Yet there are times when the evidence is stacked against you. When this occurs, your Oakland criminal defense lawyer can negotiate a plea bargain for a lesser charge, such as disturbing the peace, speeding, or failure to yield.

For people facing serious lifelong criminal charges and significant prison time, reducing the charge to a misdemeanor traffic violation is a victory. Whatever your case calls for, Attorney Nabiel C. Ahmed has the experience to help you determine the best way forward. Our firm has handled thousands of defense cases in the Bay Area—speak with us as soon as possible for help.

Call us at (510) 907-6600 for a free consultation. If you are already detained, we are also available for phone consultations and jail interviews. We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas!

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