Los Angeles, California

Felony Reckless Evading

Vehicle Code § 2800.2 VC

Legal Services

Do you need immediate legal help? Our attorneys are available for a free consultation.

Below we share the information, definition, and all elements of the crime of reckless evading. Evading any officer, regardless of the agency or police department, will always be considered and prosecuted as a criminal offense. If the act of evasion involves reckless driving behavior, the driver being charged can face a more serious felony under Section 2800.2 of the California Vehicle Code (VC).

Do you know the serious legal consequences of vehicle pursuits?

In California, as in most states, evading an officer can result in up to 1 year in jail and fines of $1,000.
A charge for evading any police officer should not be taken lightly, as it carries severe consequences. It is crucial to seek legal advice. If you are in Los Angeles County or Orange County, call our offices. We are ready to represent you.

At Progresso Legal Group, our attorneys have the experience to build a strong defense and are available to provide proper legal counsel.
If you want to learn more about this offense, keep reading. Below we share information and definitions about reckless evading, a serious criminal offense in California.

To prove that a defendant is guilty of reckless evading of a peace officer, the following elements must exist:

Police officers or agents operating a motor vehicle or bicycle were pursuing the defendant.
The defendant, while driving, voluntarily fled or attempted to elude the officer with the intent to evade law enforcement.
During the pursuit, the defendant drove in a willful or reckless disregard for the safety of persons or property.

Y todos los siguientes son verdaderos:

At least one red light was illuminated on the front of the officer’s vehicle.
The defendant saw or reasonably should have seen the patrol light.
The police officer activated the vehicle’s siren as necessary.
The vehicle was clearly marked as a police vehicle.

Attached is an example of a criminal defense under Vehicle Code 2800.2 VC – and reckless evasion being a felony, which the California Vehicle Code § 2800.2 VC establishes as the crime of reckless evading a felony, consisting of evading the police in a vehicle while driving with intentional or reckless disregard for the safety of persons or property.

The offense can be prosecuted as either a misdemeanor or a felony, with a possible sentence of up to 3 years in jail.
You can be charged with reckless evading a felony even if you did not cause damage or injuries.
In summary, reckless evasion of a felony occurs when fleeing from a law enforcement officer in a car and driving in a dangerous or reckless manner.

To prove the criminal charge, the prosecutor must show that having the clear intent to evade the police officer is a fundamental requirement to be charged with reckless evasion.
Example: If you deliberately ignore an officer’s stop signals and accelerate your vehicle to escape, you are clearly showing intent to evade.

The officer’s vehicle must be clearly identified as belonging to the police, with red lights activated and other visible features.
Example: If the police car has its siren sounding and flashing lights on, it is a clear sign they are trying to stop you officially.

The officer must be wearing a distinctive uniform while attempting to stop you.
Example: If the officer is wearing the full official uniform of the local police department, it is evident they are on duty and legally trying to stop you.

Additionally, evading an officer becomes a felony in California when, while attempting to evade, you drive recklessly and endanger the safety of other people or their property.

Some offenses associated with evading an officer in California include misdemeanor evading an officer, evading that results in injury or death, disturbing the peace, reckless driving, and felony reckless evasion under Vehicle Code 2800.2 VC.

Plea Bargains

In many cases, police evasion charges are resolved through a plea bargain with the prosecution, avoiding trial.
In such agreements, the defendant pleads guilty to a lesser offense with less severe consequences.
Typically, the charge of disturbing the peace is offered, which can carry up to 90 days in jail and fines of up to $400.
This option is especially considered when evidence favors the prosecution, making it difficult to win the case.

Defenses for Special Circumstances

If the defendant can show they did not intentionally attempt to evade the police officer, or that they were in the midst of an emergency, they may be excused from criminal liability.

Example: If the evasion occurred due to fear for personal safety or a medical emergency—such as needing to reach a hospital quickly—these circumstances may justify the action.

FAQs on Reckless Evading and Legal Implications

What does California Vehicle Code § 2800.2 VC establish?

It establishes the crime of recklessly evading a police officer in a vehicle.

What are the required elements to prove reckless evading?

Pursuit by an officer, voluntary flight, reckless driving, and compliance with specific requirements.

What is the difference between a misdemeanor and a felony in this case?

A misdemeanor carries less severe penalties than a felony, which can lead to up to 3 years in jail.

What defenses can be used in reckless evading cases?

Lack of intent to evade or being in the middle of an emergency are valid defenses.

What options do defendants have before going to trial?

They may choose a plea bargain with the prosecution to avoid a full trial.

What penalties can be faced under a plea bargain?

Fines of up to $400 and up to 90 days in jail may be part of the agreement.

How does a reckless evading conviction affect criminal records?

It may be possible to expunge the conviction after completing jail time or probation.

How can these convictions affect immigration status?

They do not directly affect immigration status, but certain crimes may have immigration implications.

What other criminal activities may be related to reckless evading?

Disturbing the peace, reckless driving, and other evasion crimes may be associated.

Why is it important to seek specialized legal help in these cases?

A specialized attorney can provide effective representation and proper legal advice for your case.

Clearing Up Common Questions

Regarding the expungement of criminal records, while it is possible to expunge a conviction for police evasion, this requires completing the jail or probation period.
Additionally, certain crimes, such as police evasion, do not directly affect immigration status or gun rights.
It is essential to obtain specialized legal assistance in driving-related offenses to properly address the case and ensure effective representation during the legal process.

WE HAVE BEEN SERVING HISPANIC FAMILIES WITH THEIR LEGAL PROCESSES FOR MORE THAN 25 YEARS

Contact Our Attorneys
Criminal Defense | Immigration | Family