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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 Virginia, fleeing and eluding law enforcement is a criminal offense under Virginia Code § 46.2-817. An individual is guilty of this crime if they knowingly flee from a law enforcement officer who is attempting to lawfully arrest or detain them. The law requires that the officer be in uniform or displaying a badge, and that they give a visual or audible signal to the individual to stop. If the individual flees on foot, it is a Class 2 misdemeanor. However, if they flee using a vehicle or watercraft, the offense is elevated to a Class 6 felony. The penalties become more severe if the act of fleeing and eluding results in a police pursuit that endangers the life, limb, or property of another, including the police officer, or if it directly results in an accident or injury. In such cases, the offense may be charged as a Class 4 felony, which carries stiffer penalties, including potential imprisonment and fines.

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Police

evading arrest or detention

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Police

evading arrest or detention

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