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Evading / Resisting Arrest Criminal Defense Lawyers

If you willfully resist, delay or obstruct a peace officer, you could be charged with resisting arrest. PC 148

Any person who, while operating a motor vehicle willfully flees or attempts to elude a pursuing peace officer’s motor vehicle could be charged with evading arrest. The maximum exposure for this charge is one-year in county jail. CVC 2800.1

Any person who, while operating a motor willfully flees or attempts to elude a pursuing peace officer’s motor vehicle, and in the process operates his vehicle with willful or wanton disregard for the safety of person or property of others will also be charged with evading arrest. CVC 2800.2

Evading arrest or violation of California Vehicle Code 2800.2 may be charged as either a misdemeanor or a felony. The maximum punishment for a misdemeanor is one-year in jail. Felony Evasion of Arrest however is punishable by imprisonment for 16 months, two years, or three years in prison. It is important to note that the District Attorney’s Office vigilantly prosecutes these offenses as they almost always involve both police and public safety issues.