Evading Law Enforcement Causing Injury or Death

Evading arrest is a very serious offense in California, particularly when it results in serious injury or death. The driver could be charged with vehicular homicide or manslaughter charges and face prison time. It’s imperative to have an experienced defense lawyer at the driver’s side. The skilled defense attorneys of The Kavinoky Law Firm have the expertise needed to defend any evading arrest charge anywhere in California.

The facts of the case will determine how the case is charged. Most vehicular offenses involving injury or death are charged as felonies, and carry extremely harsh repercussions. Many other factors can affect how the case is charged, such as whether the driver was alleged to have been under the influence of alcohol or drugs or accused of fleeing the scene of an accident.

Evading arrest cases involving serious injury or death are extremely complex and technical, and typically involve a great deal of physical evidence. In many cases the help of an experienced accident reconstructionalist can be invaluable to the defense. A skilled accident reconstruction professional can often uncover evidence useful to the defense that was overlooked or ignored by police investigators.

Effective cross-examination of witnesses can also help to unravel the prosecutor’s case. Police pursuits, even those of extremely short duration, are highly charged events, and witness recollections aren’t always accurate. A skilled defense attorney will use cross-examination of prosecution witnesses to cast doubt on the driver’s guilt.

Remember, it’s the prosecution, not the defense, which carries the burden of proving the case beyond a reasonable doubt. The defense could rest its case without calling a single witness or introducing a single item of evidence, and if the prosecutor hasn’t proven the driver’s guilt beyond a reasonable doubt, there can be no conviction for evading arrest.

In some cases, it’s not in the driver’s best interests to take the case to trial. In some cases, a skillfully negotiated plea bargain can bring a favorable outcome to an unfortunate chapter in the driver’s life. In some cases, alternative sentencing may be available that can help the driver to avoid part or all of a jail sentence. There are many sentencing alternatives available, including electronic monitoring and community service.

Fortunately, an arrest for evading police ending in injury or death doesn’t mean an automatic conviction. It’s entirely possible to fight the charges and win. The experienced defense lawyers of The Kavinoky Law Firm are skilled in every aspect of defending California evading arrest cases, and will fight aggressively to safeguard the driver’s rights and freedom. To learn more about effective defenses to charges of evading law enforcement when injury or death is involved, contact a knowledgeable defense attorney today for a free consultation.