Some states have specific laws about evading the arrest of an officer while
on foot. Under California Vehicle Code § 2800.1, evading a police
officer willfully is a serious offense, but the severity may be different
whether you are on foot or in a vehicle.
Evading an arrest on foot is often referred to as flight. This crime is
committed by running away to avoid being detained or arrested by an officer.
It is likely that your case may result in a misdemeanor charge, but it
can be escalated to a felony if the flight resulted in property damage
or harm to an individual. A charge of evading an officer on foot, rather
than in a vehicle, will likely hold misdemeanor charges rather than felony.
That does not mean, however, that the law will let you off easily.
What must be proven by prosecution?
In order for prosecution to prove that you are guilty of fleeing the officer,
they must show that:
- You were evading the police intentionally
- The officer had at least one red light that was visible from the front
- The officer’s lights were visible to you
- The vehicle’s siren was sounded as necessary
- The officer was wearing a distinct uniform
- The vehicle was distinctively marked for police use
If these requirements were not met, a defense can be made by a knowledgeable
defense lawyer at our firm to show that there is not enough evidence for
you to be found guilty beyond a reasonable doubt.
When people choose Campbell Whitten, they are hiring a team of attorneys
to fight for them. We have handled more than 10,000 cases and have the
resources necessary to fight on your behalf. Our Bakersfield criminal
lawyer takes the time to understand every client’s situation and
will go the extra mile to fight on your behalf.
Contact us today to get a team of attorneys behind you!