Evading Arrest

Evading on Foot vs. in a Vehicle

Evading arrest on foot is a Class A misdemeanor (up to 1 year jail, $4,000 fine). Evading arrest in a motor vehicle is a state jail felony (180 days to 2 years). If the defendant has a prior evading conviction, a vehicle evading charge is elevated to a 3rd degree felony (2–10 years).

Enhanced Evading Charges

Evading arrest becomes a 3rd degree felony if the defendant uses a vehicle and has a prior evading conviction. It becomes a 2nd degree felony if another person suffers serious bodily injury during the flight. It becomes a 1st degree felony if another person dies during the pursuit.

High-Speed Pursuits

High-speed vehicle pursuits are among the most dangerous evading scenarios and are prosecuted aggressively. If a bystander or officer is injured or killed during a pursuit, the defendant faces felony charges in addition to the evading charge. An experienced attorney can challenge the circumstances of the pursuit and the defendant's intent.

Evading and Other Charges

Evading arrest is frequently charged alongside other offenses such as DWI, drug possession, or outstanding warrants. An attorney can work to negotiate the charges as a package and seek the most favorable overall outcome.

Potential Penalties

• › On foot: Class A misdemeanor up to 1 year jail
• › In vehicle: State jail felony (180 days to 2 years
• › Prior conviction + vehicle: 3rd degree felony (2–10 years
• › Serious bodily injury during flight: 2nd degree felony (2–20 years
• › Death during flight: 1st degree felony (5–99 years

Possible Defenses

• › You did not know the person was a peace officer
• › The officer was not lawfully attempting to arrest or detain you
• › You did not intentionally flee
• › Mistaken identity
• › The stop was unlawful

Frequently Asked Questions