Criminal Defense Evading or Fleeing the Police

by | Dec 17, 2018 | Criminal Defense

A charge in criminal defense cases that involves the use of a vehicle is evading or Fleeing or attempting to elude the police. Fleeing or Eluding the police is listed under Title 75, Section 3733 of the Pennsylvania Vehicle Code. DUI marijuana This crime is generally graded as a misdemeanor of the second degree. This grading applies when a defendant fails to bring his vehicle to a stop or attempts to flee from the police when he is given direction from the police to stop his car. This same crime is considered a felony of the third degree, and therefore punishable by a maximum of 7 years in prison and a $15,000 fine when a defendant is under the influence when he flees from the police, crosses a state line, or injures a law enforcement officer in the process. In order to prove that an accused has committed the act of evading the police, prosecution must prove beyond a reasonable doubt that the following elements are present: 1) an officer was pursuing a defendant in a motor vehicle, 2) the defendant was driving a vehicle on a roadway when they fled, and 3) the defendant knew and intentionally disregarded the fact that the police were trying to stop him.

Some examples in criminal defense cases of fleeing or evading the police in include a police officer trying to stop someone while his lights are on while in a marked vehicle and a police uniform or having an officer try and wave over a defendant to stop. chester county ARD program When charged with fleeing the police, it is important to make sure you have a great defense to help your case. Some defenses may include the lack of intent, a feeling of threat from the police or someone else, or mistaken identity. However, it is always best to allow an experienced lawyer help you when presenting a defense. Lawyers at the Bellwoar Kelly, LLPare able to assist in any legal cases and can be contacted for information on how to retain.

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