Fleeing Police Charges
Unlawfully Eluding Phoenix Law Enforcement
Arizona Revised Statutes § 28-622.01, unlawful flight from a pursuing
law enforcement vehicle is illegal and considered a class 5 felony.
According to Arizona Revised Statutes § 28-622.01,
A driver of a motor vehicle who willfully flees or attempts to elude a
pursuing official law enforcement vehicle that is being operated in the
manner described in section 28-624, subsection C is guilty of a class
5 felony. The law enforcement vehicle shall be appropriately marked to
show that it is an official law enforcement vehicle.
In the state of Arizona, a class 5 felony is punishable by imprisonment
and fines or both. The length of imprisonment and the amount of fines
will differ from case to case depending on a number of variables. According
to § 13-702, first-time offenders charged with a class 5 felony could face:
- .75 years' minimum imprisonment
- 2 years' maximum imprisonment
- 2.5 years' imprisonment for aggravated felonies
This particular Arizona statute requires the police vehicle to be clearly
marked in order to avoid confusion. The law enforcement vehicle should
have lights flashing and a siren to indicate that you should stop. Fleeing
police charges may only be pressed if law enforcement believes that the
driver willfully and intentionally refrained from stopping their vehicle
in order to elude law enforcement. It is not uncommon for a driver to
panic in the event that law enforcement pulls them over. This is especially
true in cases where the driver fears a DUI arrest if they stop their vehicle.
It is common for fleeing police charges to be coupled with other criminal
charges such as
drug offenses or
hit-and-run. If you notice that law enforcement is attempting to pull your vehicle
over, you may be compelled to keep going because you fear you'll be
arrested. Unfortunately, this only makes matters worse. If you've
been drinking, for example, and you refuse to stop for law enforcement
because you're afraid of a DUI arrest, you then put yourself at risk
for DUI charges
and fleeing police charges.
Defenses Against Fleeing Police
There are actually many defenses against eluding police charges. For one,
many fleeing police charges are coupled with traffic collisions. One possible
defense in the event of an accident is that you were so disoriented after
the accident that you were unaware of your need to stop. Some accidents
are so minor that you may not even have known you were involved in one.
Fleeing law enforcement after an accident and fleeing law enforcement when
they attempt to pull you over are different scenarios that require different
lines of defense. The defense strategy your attorney will use will differ
depending on the exact circumstances surrounding your arrest. This is
why Knowles Law Firm, PLC values attention to detail as well as unique
representation of each and every case.
Contacting a Phoenix Criminal Defense Lawyer
Willfully fleeing police is a class 5 felony offense. You may also be facing
other criminal charges in conjunction with your eluding police charges.
Don't face your felony alone and don't hire an attorney you do
not trust. The attorney you choose to hire has a large impact on the outcome
of your case. We encourage you to call and speak with a seasoned defense
attorney at our Phoenix law firm today. Once you speak with us, you will
understand Knowles Law Firm, PLC difference. Case evaluations are free,
so take the first step and call today!