Penal Code Section 2800.2: Felony Evading Police

Felony evading police under Penal Code Section 2800.2 VC is a serious crime in California with far-reaching consequences. If you or a loved one is facing these charges in Southern California, understanding the legal framework, penalties, and potential defenses is critical. At Power Trial Lawyers, our seasoned attorneys have a track record of successfully defending clients accused of felony offenses like evasion and other related offenses. With offices in Los Angeles and Orange County, we are ready to provide you with the aggressive defense you need to protect your future.

What Is Penal Code Section 2800.2 VC?

Legal Definition of Felony Evading Police

Penal Code Section 2800.2 VC makes it a felony to evade a peace officer while driving in a manner that demonstrates a “willful or wanton disregard” for the safety of persons or property. This crime builds on Penal Code Section 2800.1 VC, which prohibits any intentional attempt to elude a pursuing police officer. The distinction lies in the driver’s conduct during the pursuit, with reckless behavior escalating the charge to a felony.

Under the law, “willful or wanton disregard” includes:

• Reckless driving that endangers others.
• Committing three or more traffic violations during the pursuit.
• Causing property damage, even if minor.

Examples of Felony Evading Police

A driver who speeds through residential streets, ignores traffic signals, and collides with parked cars during a police chase could face felony charges under PC 2800.2. Even if no injuries occur, the reckless nature of the behavior satisfies the statute’s requirements. Another example includes a driver committing multiple moving violations, such as illegal turns or excessive speeding, while attempting to flee an officer.

Penalties and Consequences of Violating PC 2800.2

Felony evading police carries harsh penalties that can disrupt every aspect of your life. Convictions often result in significant prison time, steep fines, and a lasting criminal record.

Criminal Penalties

Under the California Penal Code, if convicted of felony evading police, you may face:

• Imprisonment: Up to three years in state prison or up to one year in county jail.
• Fines: Ranging from $1,000 to $10,000.
• Additional Sentencing Factors: Traffic violations or property damage during the pursuit can enhance penalties.

Collateral Consequences

Beyond criminal sentencing, a conviction can have lasting impacts:

• Driver’s License Suspension: Likely loss of driving privileges, which affects employment and daily life.
• Employment Challenges: Felony convictions are visible to potential employers.
• Insurance Premium Increases: Significant financial strain due to higher rates.

Legal Defenses Against Felony Evading Police Charges

An experienced defense attorney can employ various strategies to fight PC 2800.2 charges. Common defenses include challenging the evidence, disputing intent, and asserting constitutional violations.

Challenging the Prosecution’s Evidence

To convict under PC 2800.2, the prosecution must prove you acted with “willful or wanton disregard.” Your attorney can dispute the claim by showing:

• Your driving did not endanger others.
• Traffic violations were not committed during the chase.
• Property damage was unrelated to your actions.

Mistaken Identity and Lack of Intent

In some cases, the accused may not have been the driver. Additionally, you may not have realized police were pursuing you, which negates intent to evade.

Violation of Constitutional Rights

If the police violated your rights during the pursuit, such as conducting an unlawful stop or using evidence obtained through illegal means, your attorney could move to have the case dismissed.

Differences Between Felony Evading Police and Misdemeanor Charges

Misdemeanor charges under Penal Code Section 2800.1 VC occur when a driver intentionally evades police without engaging in reckless behavior. For example, simply failing to pull over immediately without endangering others may result in a misdemeanor rather than a felony. However, once reckless driving, property damage, or multiple traffic violations are involved, the charge escalates to a felony under PC 2800.2.

Understanding this distinction is crucial when preparing a defense, as a skilled attorney may negotiate a reduction in charges to a misdemeanor, significantly reducing potential penalties.

The Role of Power Trial Lawyers in Defending Against PC 2800.2 Charges

At Power Trial Lawyers, our attorneys are respected thought leaders in the legal field, regularly featured as analysts on major media platforms such as Fox News, ABC, CNN, Forbes, the Los Angeles Times, Associated Press, CourtTV, and Law and Crime. High-profile cases handled by our firm have been covered by ABC7 News, Yahoo!, and more, underscoring our reputation for excellence and authority. These media appearances highlight our unparalleled expertise and reflect the trust placed in us by clients and the legal community alike.

Our team leverages this expertise to deliver exceptional results in defending clients accused of felony evading police. With a deep understanding of California law and extensive trial experience, we craft tailored strategies to protect your rights, challenge evidence, and achieve the best possible outcome.

Frequently Asked Questions About PC 2800.2 VC

What Should I Do If I’m Arrested for Felony Evading Police?

Remain calm and avoid making statements to law enforcement. Contact an experienced attorney immediately to protect your rights.

Can a Felony Evading Charge Be Reduced to a Misdemeanor?

Yes, with strong legal representation, charges can sometimes be reduced to a misdemeanor under PC 2800.1, depending on the circumstances.

How Long Does a Conviction for PC 2800.2 Remain on My Record?

Felony convictions stay on your record permanently unless expunged. This underscores the importance of fighting the charge effectively.

Is Probation an Option in These Cases?

Probation may be available in some cases, particularly for first-time offenders or when no one was injured during the incident.

Take Action Now: Protect Your Rights

Felony evading police charges under Penal Code Section 2800.2 VC can have life-altering consequences. If you or a loved one is facing these allegations, it’s essential to act quickly and secure experienced legal representation. Power Trial Lawyers is committed to providing exceptional defense strategies to clients in Los Angeles, Orange County, and throughout Southern California.

Contact Power Trial Lawyers today for a free consultation to discuss your case and begin building a defense tailored to your unique situation. Your future is too important to leave to chance—let us fight for you.