Felony Reckless Evading

Fleeing the police is one crime, and felony reckless evading under VC 2800.2 is entirely another — with consequences that are, potentially, much more serious.

Getting charged with this crime can feel scary. We get that. But you aren’t alone. Those charged with felony reckless evading VC 2800.2 can fight back with the help of a criminal defense lawyer at Elite Criminal Defense.

Our team is here to be a light for you in this dark time. We can help you understand the charge you’re facing and evaluate your options to fight back.

Felony Reckless Evading Law in California – Vehicle Code 2800.2 VC

Under California’s Vehicle Code 2800.2 VC, felony reckless evading is defined as willfully fleeing from a police officer who is pursuing you in a motor vehicle, while also driving recklessly and posing a “substantial risk of harm” to other people.

Reckless driving in this context means that you’re disregarding the safety of others or property.

Because this crime endangers other drivers, pedestrians, and law enforcement, the prosecution often pursues these charges fiercely. Fighting back with the support of a criminal defense attorney in San Diego may be vital to your future.

  • You intentionally fled from someone you knew to be a police officer.
  • The officer’s vehicle had at least one lit red lamp visible from the front, and you saw or should have seen it.
  • The officer was sounding a siren as necessary.
  • The officer’s vehicle was distinctly marked.
  • The officer was wearing a distinctive uniform.

What Is a Willful or Wanton Disregard for Safety?

One of the key factors of a felony reckless evading case is the willful or wanton disregard for the safety of others. Proving that you were not acting in this way is likely to be vital for your defense, but you need to know exactly how these terms are defined.

Willful or wanton disregard for safety means you were aware that you acted recklessly and intentionally ignored that risk. If you didn’t act in this way, you’re unlikely to face a felony conviction for reckless evading.

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  • You’re in heavy traffic when a police officer tries to pull you over. But you thought they were coming after the person behind you, so you kept moving. You didn’t intend to flee, but that’s what the officer thought.
  • You’re driving through a sketchy neighborhood at night when you see blue and red lights behind you. But you aren’t totally sure that the car is actually a police car, so you decide to keep driving until you get to a well-lit, public place in a safer area.


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