Crimes of Defiance

Evading the police seems to have become a common place theme these days. Every month it seems there’s another futile police pursuit. The guy behind the wheel, while evading the police, is doing little more than racking up three misdemeanors that are all punishable for incarceration for up to a year, and each misdemeanor carries its own fine.

In California it is illegal to evade a police officer if that police officer exhibits to you that you should stop or pull over. You can go to county jail for one year if you fail to stop. The statute provides that you must pull over if there is at least one lighted lamp that can reasonably be seen, there is a siren that can reasonably be heard, the peace officer’s car is distinctly marked, and there is in fact a police officer in the vehicle.

This statute doesn’t simply apply for people who may actually be trying to avoid the police. It applies to people who perhaps do not hear well and therefore did not hear a siren trying to pull them over. These people will be pursued by the police until, eventually, a stop is made. The driver who couldn’t hear the siren will then not only be charged for speeding or not having updated tags, but there will be an additional charge of evading a peace officer for the motorist to face. A qualified criminal defense attorney, well versed in the vehicle code, can help create a strategy to get the unfortunate motorist off the hook.

Peace officers on bicycles are to be treated with the same deference as one shows officers in cars and on horses and motorcycles. Therefore, if a police officer on bicycle signals for you to pull over, you must do say or face the threat of doing time in county jail.

The Vehicle Code also provides that it is a misdemeanor to engage in reckless driving while evading an officer of the law. This crime is a punishable by up to yet another year in county. It is also considered a misdemeanor to drive with a willful or wanton disregard for the safety of person or property. This misdemeanor is also punishable by a fine of not less than one thousand dollars and no more than ten thousand dollars. Even though these crimes are considered misdemeanors and fall under the vehicle, does not mean that one should not immediately seek a free case evaluation from the Kavinoky Law Firm.

The California Vehicle Code states that if, in fleeing the police, a person causes serious bodily injury to another the crime will be punishable for up to seven years in state prison. Vehicle Code 2800.3 indicates that if a person evading a police officer causes the death of another during the course of the evasion, that person may be sentenced to up to ten years in state prison. For those who are charged under Vehicle Code 2800.3, they are also likely to be charged under the California Penal Code, too. They may face charges ranging from manslaughter to murder in the second degree.

It is a crime to resist a peace officer. Resisting a peace officer in California goes beyond the typical resisting arrest into the more murky grounds of resisting the peace officers in general. When a peace officer is performing his or her duties, one may not willfully interfere with those duties and one may be required to carry out orders given by peace officers in certain cases.

Committing battery upon a peace officer is also a crime in California. Someone may be charged with this crime if he or she commits battery upon nurses, firefighters, police officers or other like peace officers. This crime carries with it special considerations in the California criminal justice system. It is best to consult with a quality attorney who knows the laws if you aim to successfully defend your case.