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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 Wisconsin, fleeing or attempting to elude a law enforcement officer is a criminal offense under Wisconsin Statute 346.04(3). This statute specifies that it is illegal for a driver of a vehicle to intentionally fail to stop for a police officer when the officer is pursuing them in a law enforcement vehicle with activated lights and/or siren. If the individual knows or has reason to know that the pursuer is a peace officer or federal special investigator, and they still flee or attempt to elude, they are committing a crime. The penalties for this offense can be more severe if the person uses a motor vehicle or watercraft to flee, or if their actions result in injury to another person. The severity of the charge can range from a misdemeanor to a felony, depending on the circumstances, such as the presence of aggravating factors like reckless driving, high-speed chases, or causing bodily harm or property damage during the act of fleeing and eluding.

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Criminal charges

evading arrest or detention

Individual & Family Legal Plan

Articles

Wisconsin State Code

Wisconsin State Code

Criminal charges

evading arrest or detention

Articles