The Consequences of Avoiding the Police

You might be inclined to avoid the police as a knee-jerk reaction to being at a crime scene or knowing you are facing an arrest. However, avoiding the police in Indianapolis can result in one or more criminal charges.

What Happens if I Avoid the Police in Indianapolis, IN?

Depending on the facts and circumstances of the situation, it is often a crime to avoid the police. These charges are often referred to as evading or resisting arrest. Examples of evading and resisting arrest include:

• Fleeing a crime scene
• Driving away in a vehicle
• Trying to leave the state
• Physically resisting arrest
• Running away from police officers
• Hiding from police officers
• Failing to stop when a police officer orders you to stop or pursues you with their lights and sirens activated
• Concealing your identity

The legal consequences of evading the police depend on the actual charges and the circumstances of the criminal offense. Factors that impact the legal consequences of evading the police include your criminal record, the method used to evade the police, and whether you caused injuries or harm in your attempt to flee from police officers.

Resisting arrest or avoiding the police is a wobbler criminal offense. The facts of the case dictate whether the person is charged with a misdemeanor or felony offense.

If you are facing charges for evading the police or resisting arrest in Indianapolis, Suhre & Associates is here to provide expert legal representation and guidance through the process. Contact us today to discuss your case.

Evading the Police as a Misdemeanor Charge

Resisting arrest or evading police by force or by flight is generally charged as a Class A misdemeanor, the most serious level of misdemeanor charges. The penalty for a Class A misdemeanor is up to one year in jail and a maximum fine of $5,000. Factors can enhance criminal penalties, such as prior criminal convictions.

Evading the Police as a Felony Charge

Under some circumstances, evading the police or resisting arrest can be charged as a felony. Felony charges range from a Level 1 felony (the most serious felony) to a Level 6 felony (the least serious felony).

Aggravating factors determine the level of felony for evading police or resisting arrest. Aggravating factors include:

High-Speed Chases

Evading the police in a car can constitute a crime. However, if you engage in a high-speed chase with law enforcement officers that could lead to especially dangerous situations. If you cause an accident during a high-speed chase, you could be charged with a higher-level felony.

Endangerment

This refers to actions to resist arrest or evade police that place others in danger of harm or injury. An example could be setting fire to a building to distract the police while you escape.

Previous Convictions

Prior criminal history can result in more serious charges. Previous convictions of evading law enforcement are taken very seriously when facing another charge for the same criminal offense.

Causing Serious Injury or Death

If your actions while evading the police cause the death of someone or someone to be seriously injured, you face felony charges. The level of the felony charge depends on the severity of the injuries to the other person.

Using Weapons or Firearms

Evading police is often charged as a felony when you use firearms or weapons to try to avoid the police. As with the other aggravating factors, the exact circumstances dictate the level of felony charge.

Property Damage

Causing property damage can result in a felony evading charge. The damage could be to public or private property.

The penalties for a felony charge for evading police depend on the level of the felony and the circumstances of the case. However, felony charges can carry significant prison terms and fines. A felony on your criminal history has long-term consequences for your career, legal rights, and other personal matters.

Contact the Indianapolis Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

Instead of running from the police, contact an Indianapolis criminal defense lawyer for help. An attorney can help you develop a legal strategy for turning yourself into the police with the goal of obtaining bail to avoid spending the night in jail. You also avoid additional criminal charges for evading the police.

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (317) 659-8244 or visit us at our Indianapolis law office.

Is Running or Evading The Police a Felony or Misdemeanor?

Fleeing from the police can seem like a split-second decision in a high-pressure situation. However, in California, running from law enforcement can lead to severe legal consequences and escalate what may have been a manageable situation into something far more serious. If you’re facing a police encounter in Los Angeles, here’s what you need to know about the risks of running and how to handle the situation legally.

Consequences of Fleeing from the Police

Running from the police often results in additional criminal charges, physical danger, and complications in your case. Here are the primary risks:

1. Criminal Charges

In California, evading or resisting arrest can result in several charges:

• Resisting or Obstructing an Officer (Penal Code Section 148(a)(1)): If you interfere with a police officer’s duties by running or refusing to comply with lawful orders, you could face up to one year in jail and fines.
• Evading a Police Officer in a Vehicle (Vehicle Code Section 2800.1): If you flee in a car, this is a more serious offense that may result in felony charges, jail time, or even prison, depending on the circumstances.
• Reckless Evading (Vehicle Code Section 2800.2): If your attempt to escape includes reckless driving, the penalties can escalate significantly.

2. Escalation of Force

Police are trained to use reasonable force, but fleeing can create a perception of threat or resistance, which may lead to more aggressive tactics. In some cases, running can result in physical harm or even use of deadly force if officers believe their safety or the safety of others is at risk.

3. Impact on Your Case

Running can make it harder to defend your original charges. Prosecutors often view fleeing as a sign of guilt, and it may affect your ability to negotiate a plea deal or receive leniency from the court.

California Laws Governing Police Evasion

California has strict laws regarding fleeing from law enforcement, including the following:

• Penal Code Section 148(a)(1): Resisting or Obstructing an Officer

This law criminalizes any willful act of resisting, delaying, or obstructing a police officer in the lawful performance of their duties. Running away, physically struggling, or refusing to provide basic information can all fall under this statute. This law is a misdemeanor and is punishable by up to one year in county jail.

• Vehicle Code Section 2800.1: Evading a Police Officer

If you attempt to escape police in a vehicle, this is considered evading an officer, a misdemeanor offense. A conviction can result in up to one year in jail and fines. However, if the evasion involves reckless driving (Vehicle Code Section 2800.2), the charge may be elevated to a felony punishable by up to three years in state prison.

• Penal Code Section 69: Threatening or Using Force Against an Officer

This law covers more aggressive attempts to evade police, such as physically assaulting an officer to escape. Felony charges under this statute can result in several years of imprisonment.

Alternatives to Running

Fleeing from the police is rarely the best option. Instead, consider these alternatives to protect your rights and avoid additional charges:

• Remain Calm: Stay composed during the encounter, even if you feel nervous or frightened.
• Know Your Rights: You have the right to remain silent and refuse consent to a search. Clearly state, “I am exercising my right to remain silent.”
• Comply with Lawful Orders: While you can assert your rights, refusing lawful commands can result in additional charges.
• Contact an Attorney: If you’re detained or arrested, ask for legal counsel immediately before interviewig with the police..

Legal Defenses

If you’re charged with fleeing or resisting arrest, an experienced criminal defense attorney can explore potential defenses including:

• No Specific Intent to Evade – since intent is the major key element in proving an evading police charge, our criminal lawyers may be able to prove you lacked specific intent to evade a police officer. In some cases, we could make an argument you were in fear for your safety and were not completely sure if it was a police officer and you were attempting to drive to a more public location.
• Improper Police Stop – our attorneys might be able to challenge the police officer’s actions when they attempted to pull you over on a traffic stop. In some cases, we might be able to argue the officer did not follow proper legal procedures, such as not using their red lights or siren, or their car did not have a distinctive marking of a law enforcement vehicle. Therefore, you did not reasonably know you were supposed to pull over.
• Insufficient Evidence – our lawyers might be able to show there is not enough evidence to support a conviction of evading a police officer. In some cases, we could argue the officer was not easy to identify as a police officer because they were not wearing a commonly known police uniform.
• Voluntary Intoxication – If you were intoxicated, we might be able to use a voluntary intoxication defense to challenge your evading a police officer’s charges. Remember, evading means you had a specific intent. If you were too intoxicated, we could argue you did not have the mental ability to evade specifically. However, this has risk because you could face driving under the influence charges.

Why You Need a Defense Attorney

You need an experienced criminal defense attorney to fight your evading charges because we understand the legal requirements the prosecution must prove, including specific intent and proper police procedures. As skilled lawyers we can challenge unlawful stops, suppress evidence, and build strong defenses such as lack of intent, fear for safety, or mistaken identity. We can also negotiate for reduced charges, diversion, or even dismissal, and work to minimize the long-term consequences like jail time, fines, or a criminal record. Having the right attorney gives you the best chance at a favorable outcome.

Call us today at 213-481-6811 to discuss your case and learn more about how we can help.

What to Do When Encountering Law Enforcement at Airports

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This page tells you about your basic rights. It is not a substitute for legal advice. You should contact an attorney if you have been arrested or believe that your rights have been violated.

REMEMBER: It is illegal for law enforcement officers to perform any stops, searches, detentions, or removals based solely on your religion, race, national origin, gender, ethnicity, or political beliefs. However, law enforcement officers at the airport and at the border generally have the authority to search all bags and to ask you questions about your citizenship and travel itinerary.