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 evading police 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 evading police lawyer to expose the holes in the prosecution's case. Without seasoned legal representation, you could find yourself facing serious penalties.
Evading Police Penalties in CA
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 in CA
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 evading police 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 our Oakland evading police lawyers at (510) 907-6600 for a 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!
“Huge Help to Me and My Family”“Nabiel was able to negotiate a great plea and avoid serious charges. This was especially important since we were looking at significant charges despite this being a first offense.”- Alex G.
“I recommend Nabiel over the rest!”“Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.”- Marshall
“Understands and Has Great Communication”“He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.”- Adarice
“Better Than Expected Result”“Mr. Ahmed did his thing to make sure I did not spend one day in jail! His ability to explain everything along the way really helped through this stressful episode.”- Francisco C.