Misdemeanor Evasion | LA Criminal Defense Lawyers
Defined under California Vehicle Code statute 2800.1, it is a misdemeanor crime while operating a motor vehicle, to flee or elude a police officer in a motor vehicle with the intent to evade. These specific traffic crimes are prosecuted aggressively due to the dangers evading suspects pose to public safety, as well as the media coverage “high speed chases” garner. In Los Angeles, jail sentences are not uncommon even for individuals facing prosecution for first offense evasion charges. Due to the harsh punishments you face if convicted of misdemeanor evasion, it is critical that you consult with a qualified criminal defense attorney with experience defending evasion charges throughout the Los Angeles Superior Court system. Attorneys Eugene Hanrahn and Stephen Sitkoff have each practiced law for over 3 decades formerly as senior prosecutors with the LA District Attorney’s Office, and now as Southern California criminal defense experts. Call us now at (888) 579-4844 for a free consultation to review your case details and whether the prosecution can prove the elements required to convict you.
Elements Of Evasion
Every criminal statute outlines elements or conditions of an offense, which serves as the standard of proof the prosecution must prove in order to secure a conviction, and evasion is no different. The following are the elements of VC 2800.1 the prosecution must prove:
- The officer’s motor vehicle exhibited at least one
lighted red lamp visible from the front and you either saw or
reasonably should have seen the lamp
- The officer’s motor vehicle was sounding a siren as reasonably necessary
- The officer’s motor vehicle was distinctively marked
- The officer’s motor vehicle was operated by an
officer and that officer was wearing a distinctive uniform
Can Evasion Be Charged As A Felony?
Yes. If in your attempt to evade the police, you drive your vehicle with a willful or wanton disregard for the safety of persons or property. In this circumstance, you would be charged with VC 2800.2 – Felony Evasion and face significantly harsher mandatory penalties.
Penalties For VC 2800.1
You face the following penalties if charged with misdemeanor evasion in Los Angeles:
- Summary Probation
- Up to 1 year in LA County Jail
- Up to $1,000 fine
- Community Labor/Service
- 2 points on DMV driving record
Why You Should Contact Our Los Angeles Criminal Defense Firm
Since 1987, Los Angeles evasion defense attorneys, Eugene Hanrahan and Stephen Sitkoff, have dedicated their 70 years of combined criminal trial experience as former senior prosecutors and now criminal defense attorneys to defend those accused of all misdemeanor and felony driving offenses. Most importantly, clients of our firm will be represented by Mr. Hanrahan or Mr. Sitkoff, not an inexperienced associate or contract lawyer. Call us now at (888) 579-4844 for a free consultation to review your case and options.