Evading Law Enforcement

Anyone who attempts to avoid arrest or flee a pursuing police vehicle in California can be charged with evading a peace officer. Evading arrest is a serious offense that requires the representation of an expert defense lawyer. The skilled defense attorneys of The Kavinoky Law Firm are experienced in every aspect of California evading arrest laws, and can provide top-notch representation.

A driver convicted of misdemeanor evading law enforcement faces serious consequences, including fines, a driver’s license suspension, and up to six months in jail. If there are no aggravating factors present, such as injuries to someone other than the driver, this offense will likely be charged as a misdemeanor.

Drivers accused of evading arrest often face other charges. If alcohol and/or drugs were involved, the driver will likely also face a charge of DUI / DWI or driving under the influence of drugs. If the driver is accused of leaving the scene of an accident, there will typically be a charge of hit and run in addition to the allegation of evading law enforcement.

If the motorist is charged with reckless driving in conjunction with evading arrest, the offense can be charged as either a misdemeanor or a felony, and the driver could face up to four years in prison. However, in order to obtain a conviction, the prosecutor must establish that the driver had a willful disregard for the safety of others, which is a difficult allegation to prove.

There are several elements to a charge of evading arrest, and the prosecutor must prove each element in order to obtain a conviction. Remember, the prosecutor has the burden of proving the driver’s guilt beyond a reasonable doubt, and if that burden of proof isn’t met, the driver cannot be convicted. There are several proven strategies to defend a California charge of evading law enforcement.

In some cases, it may be in the driver’s best interest to negotiate a settlement to a California evading arrest charge rather than taking the case to trial. A skillfully negotiated plea bargain may offer an opportunity to plead guilty in exchange for reduced charges and/or alternative sentencing.

The knowledgeable defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending California charges of evading police. To learn more about effective defense strategies to evading arrest charges, contact an experienced defense lawyer today for a free consultation.