Is Evading Police a Felony in California?
Direct Answer: Yes, evading a police officer can be a felony in California, but it depends on the specific circumstances of the case and the charges brought against you.
What is Evading a Police Officer?
In California, evading a police officer is committed when a person willfully attempts to evade or evade a peace officer’s actual attempt to stop or prevent the commission of a specific crime, or to restrain the officer from performing an official duty. This includes situations where a person deliberately flees from a police officer, either on foot or in a vehicle, when the officer is attempting to stop them for a reason other than a traffic infraction.
Types of Evading a Police Officer Charges in California
Evading a police officer in California is typically charged as a misdemeanor, but serious consequences can occur if the circumstances are serious enough. Here are some of the most common charges and their corresponding penalties:
| Charge | Penalty | Relevant Statutes |
|---|---|---|
| Misdemeanor Evading | Up to one year in county jail | California Penal Code (PCP) § 2800(a) |
| Misdemeanor Evading with Intent to Commit an Offense | Up to one year in county jail | California PCP § 2800(b) |
| Felony Evading | 2 to 5 years in state prison | California PCP § 2800(c) |
Felony Evading a Police Officer
Felony evading a police officer (California PCP § 2800(c)) occurs when the person evaded the officer with the intention of committing a serious offense, such as a crime involving great bodily harm, kidnapping, or murder. This charge is typically leveled when the person evading the officer is suspected of being involved in a high-stakes crime, and the fleeing was done in an attempt to avoid prosecution or detection.
Evidence Needed to Prove Felony Evading
The prosecution must prove the following elements to convict someone of felony evading a police officer:
- The suspect was aware of the officer’s attempt to stop or apprehend them
- The suspect willfully and intentionally attempted to evade or escape the officer
- The suspect did so with the intent to commit an offense involving great bodily harm, kidnapping, or murder
Defenses and Consequences
If you are charged with evading a police officer, including felony evading, it is essential to build a strong defense to minimize the consequences. Defenses may include:
- The officer did not actually attempt to stop or prevent the commission of a specific crime
- The person evaded the officer unintentionally or without intent
- The officer’s behavior was excessive or unreasonable
- The person was an innocent bystander or participant
If convicted of felony evading a police officer, the consequences can be severe. You may face:
- 2 to 5 years in state prison
- Fines
- Loss of driving privileges
- Restitution for any damage caused during the evasive action
- Potential deportation for non-U.S. citizens
Conclusion
Evading a police officer in California is a serious offense that carries significant penalties. While many cases are charged as misdemeanors, felony evading a police officer is a more severe charge that can result in significant prison time. It is essential to understand the charges and potential consequences and to work with an experienced attorney to build a strong defense.
