Hearing a siren from a police motorcycle or vehicle while driving can be confusing and could trigger you to speed. Sometimes, you accelerate to give way to the officer without knowing that they are after you. However, such acts could prompt an arrest and prosecution for evading a police officer. Under California Vehicle Code 2800.1, you commit a crime of evading an officer when you willfully flee from an officer who is actively pursuing you.

Since police officers often pursue criminals, evading a police officer is a serious offense under California Law. A conviction attracts serious legal penalties, including a lengthy jail or prison sentence and hefty fines.

The moments following an arrest for evading a police officer could be challenging. Therefore, seeking the help of a competent attorney is crucial. Fortunately for you, at California Criminal Lawyer Group, we can help build a strong defense if facing VC 2800.1 violation charges in Sacramento, CA. 

Overview of Evading a Police Officer

You commit a crime of evading a police officer when you run away or attempt to run away from a police officer or any other law enforcement who is pursuing you. At the same time, they carry out their official duties. Whether the officer was driving a vehicle or riding a motorcycle, you can face charges for this crime as long as you willfully fled from them. Evading a police officer is charged under California Vehicle Code 2800.1, and a conviction has life-changing consequences.

One of the first instincts when you hear a police vehicle siren is to speed up and give them away. As innocent as this act seems, it could result in your arrest and charges for evading if the officer pursued you. Therefore, seeking legal guidance as soon as you face an arrest or learn of a warrant for your arrest would be a wise move for your case.

Before you can be convicted for this crime, the prosecution must prove these elements beyond a reasonable doubt:

  1. A Law Enforcement Officer Was Pursuing You

The jury will determine the question of whether a police officer was pursuing you or not during the hearing of your case. A police officer who is supposedly seeking you must have been in a motor vehicle or car when you fled. Sometimes, you may speed up your vehicle while the officer is pursuing another person, and fleeing alone does not mean you are guilty of evading a police officer.

  1. You Willfully Fled or Tried to Flee from the Officer

Evading a police officer is a crime based on specific intent. Therefore, you will only be guilty of the crime if you intend to run away from the officer. If you flee or attempt to flee for other reasons besides purposely disobeying the officer's orders, you cannot face a conviction under this statute. This crime element does not require the prosecutor to prove your intent to break the law, gain an advantage or hurt another person.

  1. Requirements for the Police Vehicle

Vehicle Code 2800.1 requires that a police officer's vehicle be distinctively marked in a way that one would recognize it. Some of the factors that could show a distinction of the officer from other people include:

  • Visible red light on the vehicle driven by the police or enforcement officer.
  • The officers' car was sounding a siren when they were pursuing you.
  • Presence of a police department name marked on the outside of the vehicle.
  • You reasonably should have seen the light or heard the siren from the car before you fled.

  1. The Officer Who Was Pursuing You Was In Uniform

When establishing your liability for evading a police officer, the prosecution must prove that the officer was in uniform. However, this does not mean that the police or law enforcement officer must have been in full uniform. As long as the officer wore an attire that distinguished them from other people, they were considered uniform.

Legal Penalties for California Vehicle Code 2800.1

Usually, a violation of California Vehicle Code 2800.1 is a misdemeanor punishable by:

  • A jail sentence of up to twelve months.
  • A fine not exceeding $1,000.
  • Impoundment of your vehicle for up to thirty days.
  • If you are a repeat offender, a conviction for evading a police officer could result in a driver's license suspension for one year.
  • Informal probation. Based on the circumstances of your case, the prosecutor can offer you probation instead of jail time after a misdemeanor conviction for this offense. Mostly, probation acts as an alternative to jail time, and it allows you to serve part of your entire sentence out of jail. The prosecutor does not offer probation for all defendants. Therefore, your attorney can negotiate to have you sentenced to probation if it is in your best interests.

If while evading a police officer you cause seriously you can face felony charges which attract the following penalties after a conviction:

  • Prison time.
  • Fines not exceeding $10,000.
  • A one-year driver’s license suspension.
  • Vehicle impoundment.

It is crucial to understand that the number of police vehicles pursuing you will not affect your charged crime counts. You could face charges for two or more counts of evading the police officer if several instances gave rise to flight.

Even when prosecutors have a weak case against you, they may be unwilling to drop the charges. Therefore, the case could drag on for a long time while the prosecution tries to gather more evidence against you. Sometimes, the prosecution could agree to a plea deal where they reduce your charges of evading a police officer to disturbing peace.

A conviction for disturbing the peace under California Vehicle Code 415 attracts a 90 days jail sentence and a fine not exceeding $400. If you or a loved one faces charges for evading a police officer, you will require the guidance of a knowledgeable attorney by your side.

Defenses against VC 2800.1 Charges

Facing an arrest and charges for evading an officer does not mean that the court will find you guilty of the crime. Some circumstances could cause you to speed without intending to flee from an officer. With guidance from a skilled criminal lawyer, you can attempt to have your charges lowered or your case dismissed with the following defense strategies:

  1. Lack of specific intent. You can only be found gui8ltu of evading an officer if you fled, intending to avoid or escape them. If you can successfully prove that you did not have reason to get away from the officer, you will not face a conviction for the offense.
  2. Mistaken identity. The prosecution must prove that you were the individual driving the vehicle. Sometimes, a person driving a car similar to yours could have committed the crime, and you end up being a victim of mistaken identity. In other cases, your vehicle may be stolen and used to commit the crime. When presenting this defense, you must prove that you were not driving the car when the crime occurred.
  3. Claim that you did not act willfully. Establishing that you acted willfully is one of the elements that must be proven beyond a reasonable doubt in your case. You can avoid a conviction or seek lesser charges by showing that you did not act willfully.
  4. Argue that you did not know that the officer was pursuing you. The court requires a prosecutor to prove that the police officer who pursued you was distinctively marked. As a defense for your charges, you can argue that the officer pursued your lack of knowledge. In this case, you were carrying out your normal activity and not fleeing.
  5. Improper police procedures. When an officer fails to follow that correct procedure to arrest you, you may have a valid reason not to stop. Sometimes officers could use gestures that are unclear or unfamiliar. If an officer did not follow proper procedures, this could be a valid defense.

Expunging a Vehicle Code 2800.1 Conviction

The consequences that accompany a conviction for evading a police officer could affect your life long after you serve your jail or prison sentence. If you face a conviction for evading a police officer, you can seek to expunge your record. An expungement is a post-conviction relief offered by the government, and it helps eliminate the disabilities that accompany a conviction.

Before you can expunge your conviction in California, you must meet the following criteria:

  • Complete your probation. Probation is one of the penalties you face after a conviction for evading law enforcement. Therefore, before you can petition for an expungement, you should have completed your probation, which means you met all probation conditions. If you violate your probation, the jury may still grant an expungement. However, this will depend on your overall performance, the seriousness of your crime, and your criminal history.
  • It would be best not to have pending criminal cases when you file a petition to expunge your conviction. You will not be eligible for an expungement if you are currently battling charges for another crime or are serving probation for a separate offense.

Before the court grants your petition to expunge the conviction, your attorney will:

  • Determine your eligibility for the relief.
  • Research different aspects of the expungement law to ensure a smooth process.
  • File the relevant paperwork within the specified time.
  • Attend your expungement hearing.

Filling to expunge your conviction as soon as you complete your probation would be a wise idea to ensure you can acquire the relief. When the court grants your expungement petition, the conviction will show up in your background checks but cannot be used against you when you seek employment or are applying for a state license. Seeking legal guidance is crucial when applying to expunge your conviction for evading a police officer.

Frequently Asked Question on Evading a Police Officer in California

The following are some frequently asked questions about evading a police officer that could help you understand the crime and its prosecution:

  1. Can I Be Convicted Of Multiple Counts Of VC 2800.1 If I Was Chased By Numerous Police Vehicles?

Under California law, a driver can only face charges for one count of evading a police officer regardless of the number of officers that chase them at once. Therefore, you will not have to face multiple counts of the crime if you tried to flee and ended up being chased by multiple officers. However, you may still face harsher penalties depending on the circumstances of your case.

  1. If I Was In An Emergency And Could Not Pull Over, Can I Be Convicted For Violating VC 2800.1?

In California, you can only be found guilty of evading a police officer if you flee willfully. Also, the prosecution must establish that you knew that the police were pursuing you. If you were unable to stop because you were responding to an emergency, you could use this argument to defend your case.

  1. Does A Conviction For Evading A Police Officer Affect My Immigration Status?

Some criminal convictions will result in deportation or an immigrant being rendered inadmissible in the United States. Some of the crimes that invoke this action are violent felonies and crimes of moral turpitude. However, evading a police officer does not fall under this category and does not affect your immigration status.

  1. Can I Be Convicted Of This Crime If I Was On A Bicycle And Failed To Pull Over?

Yes. You can be convicted under Vehicle Code 2800.1 if you flee from a police officer pursuing you on a bicycle.

Offenses Related to Evading a Police Officer in California

When you face an arrest and charges for evading a police officer, there must have been a reason for the officer to pursue you. Therefore, it is likely that you will be charged with another crime in addition to VC 2800.1. Some of the offenses that are related to evading a police officer include:

Reckless Evading

You commit a crime of reckless evading when you flee law enforcement while driving with a disregard for the safety of other people. Felony evasion is a serious crime and is charged under California Vehicle Code 2800.2. There are two distinct elements of felony evasion:

  • You evade a police officer. This means that an officer was pursuing you, and you willfully fled.
  • While fleeing from the officer, you drove your vehicle dangerously and in a manner that threatened the safety of other people. You are considered driving with wanton disregard if you knew of the risk you posed and ignored it.

Depending on the circumstances of your case and your criminal history, prosecutors can charge you with a misdemeanor or felony. As a misdemeanor, reckless evading attracts a one-year jail sentence, misdemeanor probation, and $1,000.If you face a felony conviction for violation of VC 2800.2, you risk facing a prison sentence of up to three years,$10,000 in fines, and felony probation. Additionally, you will gain two points on your DMV driving record.

Both felony and misdemeanor convictions for reckless evading will attract a minority driver's license suspension. If you are a commercial driver, reckless evading could result in the revocation of your license. A conviction for reckless evasion could have life-changing consequences. Therefore, insight from a skilled criminal defense attorney could go a long way for you.

Resisting Arrest

California VC 148 seeks to punish individuals who obstruct a police officer's attempt to arrest them or another person. However, it is crucial to understand that resisting arrest could be exhibited in different scenarios. If you evade a police officer in an attempt to resist arrest or obstruct their attempts to arrest you, you could be charged with both evading a police officer and resisting arrest. The prosecution must establish these facts beyond a reasonable doubt:

  • You willfully delayed or obstructed a police officer. Willful means that your actions were intentional. Therefore, you cannot be convicted of the crime if you did not act to prevent the officer from performing their job.
  • You obstructed the officer while they performed their official duties.
  • You knew or should have known that the officer was performing their official duties.

Resisting arrest is charged as a misdemeanor. A conviction for the offense is punishable by a one-year jail sentence and a fine not exceeding $1,000. The key component determining your guilt under this statute is willful obstruction. Therefore, establishing some doubt on this element could give you an upper hand in the case.

California's definition of resisting arrest or obstructing a police officer is broad. Therefore, a prosecutor may tend to charge you with the crime in a situation that does not apply. Therefore, if you or a loved one faces charges for this crime, you must speak to a skilled attorney. 

Evading an Officer Causing Injury or Death

While evading a police officer, you caused serious injury or death to another person. You can face an arrest and charge under California VC 2800.3. For this statute, a severe bodily injury can be in the form of bone fractures, brain injuries, disfigurement, or other fatal injuries. When proving their case, the prosecutor must prove that you were evading a police officer, and while doing so, you caused injury to another individual.

CVC 2800.3 is a wobbler. A felony conviction attracts a prison sentence of up to seven years, $10,000 in fines, and informal probation. A misdemeanor conviction for this offense will result in a one-year jail sentence, informal probation, and fines of up to $10,000.

It is crucial to understand that causing death to another person while evading a police officer will enhance sentence enhancement. Also, a felony conviction may have negative consequences on your immigration status and affect your gun rights.

Taking or Driving a Vehicle Without Consent

You can be arrested and charged Under California Vehicle Code 10851 if you take or drive another person's vehicle without their permission. When you face charges for evading a police officer, you could face additional charges for taking or driving a vehicle without consent from the owner. The elements that a prosecutor must prove these elements when establishing your guilt under this statute:

  • You took or drove another person's vehicle.
  • The owner did not give you permission to take or drive the vehicle.
  • You acted with an intent to deprive the owner of the possession of the vehicle temporarily or permanently. You can still be found guilty of the crime for this element even when you intended to return the vehicle.

The crime of taking or driving a vehicle without consent is a wobbler. A prosecutor can charge you with a misdemeanor or a felony, depending on the circumstances of your case. When charged as a misdemeanor, the offense attracts a one-year jail sentence and fines of up to $5,000. 

On the other hand, a felony conviction is punishable by a prison sentence ranging from sixteen months to three years. After a conviction, your penalties may be enhanced if you drive a law enforcement vehicle, an ambulance, or a fire department vehicle. In this case, you could be sentenced to a prison sentence of up to four years and fines not exceeding $10,000. Facing charges for VC 2800.1 and VC 10851 could result in a lengthy prison sentence and hefty fines. Therefore, seeking competent legal guidance is crucial.

Find a Criminal Attorney Near Me

Willful fleeing or attempting to flee from a police officer pursuing you could result in an arrest and charges. A simple act such as speeding away without noticing an officer pursuing you could be detrimental.

A conviction for evading a police officer could have long-lasting consequences on your life. Fortunately, facing an arrest will not always result in a conviction. With guidance from a competent attorney, you can build defense strategies to fight the charges and avoid the severe consequences of a conviction for this offense.

If you or a loved one faces criminal charges for evading a police officer in Sacramento, CA, you will require the guidance of an attorney. At the California Criminal Lawyer Group, our skilled attorneys can help negotiate your case to reduce or dismiss the charges. Call us today at 916-775-7660 to discuss more details of our case.