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Criminal charges

evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In California, the act of fleeing from a peace officer or federal special investigator who is attempting to lawfully arrest or detain an individual is a criminal offense known as 'evading a peace officer'. Under California Vehicle Code Section 2800.1, if a person willfully flees or attempts to elude a pursuing peace officer's vehicle or bicycle, it is a misdemeanor. The penalties increase if the individual uses a motor vehicle to commit the offense, as outlined in Vehicle Code Section 2800.2, which can result in a high-speed pursuit and is considered a more serious misdemeanor or a felony. If during the evasion attempt, someone is injured, California Vehicle Code Section 2800.3 stipulates that the offense becomes a felony, with even greater penalties. These laws are designed to deter individuals from endangering public safety and to uphold the authority of law enforcement officers.

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Criminal charges

evading arrest or detention

Individual & Family Legal Plan

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California State Code

California State Code

Criminal charges

evading arrest or detention

Articles