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Evading Police Law & Defense

VC 2800 Crimes

Information on the crime of evading police is found at California vehicle code Section 2800. In short, evading police means to attempt to avoid capture by law enforcement by use of a vehicle (vehicle police chase).

4 Evading Charges

  • VC 2800.1(a) is charged when the defendant uses his or her vehicle in an attempt to avoid police capture

  • VC 2800.2(a) is charged when the defendant uses his or her vehicle in an attempt to escape police capture and does so recklessly

  • VC 2800.3(a) is charged when the defendant uses his or her vehicle in an attempt to avoid police capture and causes serious bodily injury in the attempt

  • VC 2800.4(b) is charged when the defendant uses his or her vehicle in an attempt to avoid police capture and causes death in the attempt

One of the most popular evading police crimes is charged under  VC 2800.1(a) Evading Police without Recklessness or Injury (Charged as VC2800.1(a)-F in San Bernardino county). To prove evading, the prosecutor must prove all of the following:

  • A peace officer driving a motor vehicle was pursuing the defendant

  • The defendant driver, willfully fled from, or tried to elude, the officer, intending to evade the officer

  • At the time of the evasion, the officer had at least one red light visible from the front of the peace officer's vehicle and the defendant should reasonably have seen the red light; and

  • The pursuing officer had his or her siren on while driving in a distinctively marked police vehicle.

VC 2800 Penalties

VC 2800.1(a) Evading Police, is charged as a misdemeanor. If found guilty of VC 2800.1(a),the defendant could face up to a year in jail.

VC 2800.2(a) Reckless Evading Police, is charged as a misdemeanor or as a felony depending on the circumstances of the case and the defendant's criminal history. When VC 2800.2(a) is charged as a misdemeanor the defendant may face up to 1 year in the county jail; When VC 2800.2(a) is charged as a felony the defendant may face up to 3 years in state prison.

VC 2800.3(a) Evading Police or Capture with Serious Bodily Injury, is charged as a misdemeanor or as a felony depending on the seriousness of the injuries, the circumstances of the alleged evasion, and the defendant's criminal history. When VC 2800.3(a) is charged as a misdemeanor the defendant may face up to 1 year in the county jail. When VC 2800.3(a) is charged as a felony the defendant may face up to 7 years in state prison.

VC 2800.4(b) Attempt to Evade Capture by Police Causing Death, is charged as a felony. If found guilty of VC 2800.3(b), the defendant may face up to 10 years in state prison.

Probation Sentence: A probation sentence is a period of supervision, with or without some actual jail or work release, that is intended to serve as an alternative to a jail or prison sentence. Probation sentences are allowed in Cc 2800 crimes; however,, whether or not a defendant is granted a probation sentence after a conviction for PC 2800 crime, depends mostly on the circumstances of the case and the defendant's criminal history

Note: Probation sentences are more likely in VC 2800.1(a) Evading Police, and VC 2800.2(a) Reckless Avoiding Police, because there is no injury that results in those crimes.

PC 1170 Sentencing: If the defendant is convicted of evading police (also called Evading Capture), and the defendant is not granted a probation sentence in either VC 2800.2(a), VC 2800.2(a), or VC 2800.4(B, then the defendant must serve his or her jail sentence in a California state prison, (as opposed to a local county jail). Also, no part of the defendant's prison sentence may be split or suspended (also called joint suspended).

Three Strikes Law: The crimes of evading police and reckless evading police (VC 2800.2(a) & VC 2800.3(a), respectively) are not strike crimes in California; however, Evading capture causing serious bodily injury and evading capture causing death (VC 2800.3(a) & VC 2800.4(b), respectively) are both strike offenses under California's Three Strikes Sentencing Law.

 

Bail: The scheduled bail amount for reckless evading police is $100,000 in San Bernardino County (2020). Different evading police crimes may have different bail amounts.

In addition to any jail or prison sentence, criminal convictions for evading crimes can lead to other severe consequences, including: Immigration issues (for non U.S. citizens), fines, lawsuits, employment loss, auto insurance rate increase, suspension or revocation of driving license, civil lawsuits, and more.

VC 2800 Defense

 

Defenses unique to evading crimes include: Evading a police cruiser that is not clearly marked as a law enforcement vehicle; no police siren wailing at a minimum of 120 decibels within a short distance of defendant's vehicle; lack of intent to evade; lack of serious injury (For VC 2800.3(a) crimes), lack of causation for death (For VC 2800.4(b) crimes).

Other defenses might apply to an evading charge include: statute of limitations, Due Process violation, coerced confessions, mistake of fact, necessity or emergency, and more.

If you have been charged with the crime of evading police, also called evading capture, or any VC 2800 crime, contact our experienced and successful criminal defense attorneys today to learn your rights and options for defense.

909-913-3138

Criminal Defense Lawyers

909-913-3138

San Bernardino, Rancho Cucamonga, Chino, Yucaipa, Loma Linda, Upland, Highland, Fontana, Ontario, Hesperia, Victorville, Redlands, Colton, Rialto

​Related Crimes

  • Fleeing in opposite direction of traffic VC 2800.4

  • Reckless driving VC 23103

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