Fleeing from the police can seem like a split-second decision in a high-pressure situation. However, in California, running from law enforcement can lead to severe legal consequences and escalate what may have been a manageable situation into something far more serious. If you’re facing a police encounter in Los Angeles, here’s what you need to know about the risks of running and how to handle the situation legally.
Consequences of Fleeing from the Police
Running from the police often results in additional criminal charges, physical danger, and complications in your case. Here are the primary risks:
1. Criminal Charges
In California, evading or resisting arrest can result in several charges:
- Resisting or Obstructing an Officer (Penal Code Section 148(a)(1)): If you interfere with a police officer’s duties by running or refusing to comply with lawful orders, you could face up to one year in jail and fines.
- Evading a Police Officer in a Vehicle (Vehicle Code Section 2800.1): If you flee in a car, this is a more serious offense that may result in felony charges, jail time, or even prison, depending on the circumstances.
- Reckless Evading (Vehicle Code Section 2800.2): If your attempt to escape includes reckless driving, the penalties can escalate significantly.
2. Escalation of Force
Police are trained to use reasonable force, but fleeing can create a perception of threat or resistance, which may lead to more aggressive tactics. In some cases, running can result in physical harm or even use of deadly force if officers believe their safety or the safety of others is at risk.
3. Impact on Your Case
Running can make it harder to defend your original charges. Prosecutors often view fleeing as a sign of guilt, and it may affect your ability to negotiate a plea deal or receive leniency from the court.
California Laws Governing Police Evasion
California has strict laws regarding fleeing from law enforcement, including the following:
- Penal Code Section 148(a)(1): Resisting or Obstructing an Officer
This law criminalizes any willful act of resisting, delaying, or obstructing a police officer in the lawful performance of their duties. Running away, physically struggling, or refusing to provide basic information can all fall under this statute. This law is a misdemeanor and is punishable by up to one year in county jail.
- Vehicle Code Section 2800.1: Evading a Police Officer
If you attempt to escape police in a vehicle, this is considered evading an officer, a misdemeanor offense. A conviction can result in up to one year in jail and fines. However, if the evasion involves reckless driving (Vehicle Code Section 2800.2), the charge may be elevated to a felony punishable by up to three years in state prison.
- Penal Code Section 69: Threatening or Using Force Against an Officer
This law covers more aggressive attempts to evade police, such as physically assaulting an officer to escape. Felony charges under this statute can result in several years of imprisonment.
Alternatives to Running
Fleeing from the police is rarely the best option. Instead, consider these alternatives to protect your rights and avoid additional charges:
- Remain Calm: Stay composed during the encounter, even if you feel nervous or frightened.
- Know Your Rights: You have the right to remain silent and refuse consent to a search. Clearly state, “I am exercising my right to remain silent.”
- Comply with Lawful Orders: While you can assert your rights, refusing lawful commands can result in additional charges.
- Contact an Attorney: If you’re detained or arrested, ask for legal counsel immediately before interviewig with the police..
Legal Defenses
If you’re charged with fleeing or resisting arrest, an experienced criminal defense attorney can explore potential defenses including:
- No Specific Intent to Evade – since intent is the major key element in proving an evading police charge, our criminal lawyers may be able to prove you lacked specific intent to evade a police officer. In some cases, we could make an argument you were in fear for your safety and were not completely sure if it was a police officer and you were attempting to drive to a more public location.
- Improper Police Stop – our attorneys might be able to challenge the police officer's actions when they attempted to pull you over on a traffic stop. In some cases, we might be able to argue the officer did not follow proper legal procedures, such as not using their red lights or siren, or their car did not have a distinctive marking of a law enforcement vehicle. Therefore, you did not reasonably know you were supposed to pull over.
- Insufficient Evidence – our lawyers might be able to show there is not enough evidence to support a conviction of evading a police officer. In some cases, we could argue the officer was not easy to identify as a police officer because they were not wearing a commonly known police uniform.
- Voluntary Intoxication - If you were intoxicated, we might be able to use a voluntary intoxication defense to challenge your evading a police officer's charges. Remember, evading means you had a specific intent. If you were too intoxicated, we could argue you did not have the mental ability to evade specifically. However, this has risk because you could face driving under the influence charges.
Why You Need a Defense Attorney
You need an experienced criminal defense attorney to fight your evading charges because we understand the legal requirements the prosecution must prove, including specific intent and proper police procedures. As skilled lawyers we can challenge unlawful stops, suppress evidence, and build strong defenses such as lack of intent, fear for safety, or mistaken identity. We can also negotiate for reduced charges, diversion, or even dismissal, and work to minimize the long-term consequences like jail time, fines, or a criminal record. Having the right attorney gives you the best chance at a favorable outcome.
Call us today at 213-481-6811 to discuss your case and learn more about how we can help.