Felony Reckless Evading Attorney Los Angeles
If you have been charged with felony reckless evading arrest in Los Angeles or elsewhere in the State of California, you should immediately contact Felony Reckless Evading Attorney Los Angeles at The H Law Group to defend you. Our criminal defense attorneys have the knowledge and experience to best defend you and keep you from going to prison.
You should not take misdemeanor reckless evading or felony reckless evading charges lightly as misdemeanor evasion carries a length jail sentence and felony evasion carries a length prison sentence. So, if you have been charged with either misdemeanor or felony evasion, you should immediately contact Los Angeles Reckless Evading Attorney at The H Law Group to defend you and keep you from going to prison for a very long time. Schedule your free today by filling out the contact form below or by calling us at 1 (213) 370-0404.
What is Felony Reckless Evading?
Felony reckless evading arrest or police officers refer to the act of using a car to intentionally flee from police while driving a vehicle in a manner that puts others and property in grave danger. Said differently, you’re using your car to flee from police, and you’re driving very dangerously. In Los Angeles, prosecutors vigorously prosecute those who are charged with felony evasion because it usually places the lives of others at great risk of harm.
The typical felony evasion scenario is as follows: Police officers attempt to stop the driver of a vehicle because he has a warrant for his arrest, and the driver refuses to stop, starts speeding, leading the police on a chase. The driver then proceeds to go on the highway and drives at speeds in excess of 100 mph, then after getting off the freeway, the driver takes city streets and does not stop at red lights or stop signs.
Eventually, the police conduct a pit maneuver and stop the defendant’s vehicle. In such a situation, the driver of the vehicle can be charged with felony reckless evading because he led police officers on a high-speed chase that could have resulted in great bodily injury to others, and property damage. Here, the prosecution will probably bring felony evading police charges against the defendant under the California Vehicle Code (CVC) Section 2800.2 VC. The prosecution has the discretion to charge reckless evading as either a misdemeanor or a felony. The difference between the two is the harshness of the punishment. Felony evasion imposes a significantly harsher punishment than misdemeanor evasion.
That said, if the driver of the vehicle causes injury or death to a bystander while he is trying to flee from law enforcement officers, the driver can also be charged with violating CVC Section 2800.3, which makes it a crime for an individual to evade police officers and cause injury or death while in the process of doing so.
If you have found yourself in the unfortunate situation of being charged with reckless evasion, you should immediately contact Felony Reckless Evading Attorney Los Angeles at The H Law Group to defend you and keep you from going to prison for a very long time.
Prosecution’s Burden of Proof to Convict an Individual of Felony Reckless Evading?
For the prosecution to convict an individual of felony reckless evading arrest, it must prove the following elements beyond a reasonable doubt:
- The police was pursuing the defendant in a vehicle
- The defendant fled or attempted to flee from the police officer chasing him
- The police officer turned on his lights
- The defendant saw or should have seen the officer’s lights
- The police officer turned on his sirens
- The defendant heard or should have heard the sirens
- The police officer was driving in a marked police vehicle
- The police officer was wearing a police uniform
- The defendant intentionally drove in a reckless manner while disregarding the safety of other persons or property
The main element that makes the difference between an individual being charged with a misdemeanor vs a felony evading arrest is whether the defendant drove recklessly and placed the lives of others or property at risk. The defendant can be convicted of felony evasion even though he did not cause any injuries or damage to property.
All the prosecution needs to show as it pertains to this element is that the defendant drove recklessly and placed the lives of others or wellbeing at risk. For the best possible results, you should promptly hire an attorney at The H Law Group to defend you. If supported by the facts of your case, they will argue that although you fled from the police, you did not drive recklessly, therefore, your felony charges should be downgraded to a misdemeanor.
Reckless Evading Penalties in Los Angeles, California
If the prosecution convicts an individual of felony reckless evading in Los Angeles, California, an individual faces the following penalties:
- 16 months, two years, or three years in California State Prison
- A fine of up to $10,000
- Completion of formal probation
- Placement of two (2) points on your DMV record
- Potential suspension of your driver’s license
- Payment of higher insurance premiums
On the other hand, if the prosecution convicts an individual of misdemeanor evading arrest, an individual faces the following consequences:
- Up to one (1) year in county jail (6-month minimum jail time)
- A fine of up to $1000
- Completion of three years of summary probation
- Potential driver’s license suspension
- Payment of higher insurance premiums
Reckless Evading Defenses
If you have been charged with felony reckless evading (felony evading police or felony evasion of arrest), there are a number of defenses that your attorney can make to defend you. The list below includes some of the defenses that can be made, however, it is not an exhaustive list of defenses that can be made. To know which defenses apply to your case, you must schedule a consultation with one of our evading police attorneys.
Here are some of the defenses you can use:
No intent to evade the police – The best defense that your lawyer can make is that you did not have the intent to evade the police. To convict you, the prosecution must show that you intended to evade police officer, so if your reckless evading attorney can show that you did not intend to evade the police, you cannot be convicted of the crime. For example, if an officer was trying to pull you over while driving an unmarked car, your attorney may be able to argue that you did not intend to evade a police officer because you did not know that a police officer was behind the wheel since the vehicle was unmarked. The same goes if a police officer was trying to arrest you at night time or a situation where there was bad weather and you did not know you were being pulled over.
No sufficient evidence to prove reckless driving – For the prosecution to convict an individual of felony reckless evading, it must prove that the defendant was driving reckless and was endangering other persons or property. For example, if you were driving the speed limit, or were simply speeding in an area where there aren’t a lot of cars, your attorney may be able to cast doubt on the prosecution’s argument that you were driving recklessly. This may lead the prosecution to dismiss the felony charges and bring misdemeanor charges instead. A misdemeanor conviction carries much more lenient punishment than a felony conviction.
Los Angeles Felony Reckless Evading Defense Attorney
If you have been charged with either misdemeanor or felony reckless evading, you should immediately contact Los Angeles Felony Reckless Evading Defense Attorney at The H Law Group to defend you and keep you from going to jail and losing your driver’s license. Our attorneys have represented clients charged with reckless evading, so they po the knowledge and experience to best defend you.
At the outset of every case, our attorneys will go over the facts of your case to determine whether a dismissal is possible. If they believe that a dismissal is possible, they will communicate it to the prosecution. If the prosecution refuses to dismiss your case, they will do everything within their ability to negotiate the best possible plea deal for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.