Los Angeles Criminal Defense Attorney Nicholas Loncar represents people in California who have been arrested or charged with crimes.  Resisting and evading an arrest are serious crimes in California, and often accompany other criminal charges.  If you or a loved one has been arrested or charged with resisting arrest or evading arrest, it is important to have an attorney on your side who understands how to challenge the underlying arrest, challenge the elements of resisting and/or evading, as well as challenge any searches that reveal incriminating evidence after an unlawful arrest.  Law enforcement agencies in southern California are notorious for violent run-ins with citizens.

VC 2800.1  Misdemeanor Evading a Peace Officer
The California Vehicle Code makes it a crime to willfully attempt to flee from a police officer, while driving a motor vehicle.  The government must prove the specific intent to evade, that the officer was properly uniformed and properly signaled that the defendant was to pull over, in addition to proving that the defendant actually evaded a police officer who was trying to initiate an investigatory detention.  This leaves open many defenses, largely centered upon the government's inability to prove intent (including intoxication).  Evadining under VC 2800.1 is a misdemeanor, punishable by up to one year in county jail.  Additional consequences may include a 30 day impound of the vehicle, as well as loss of commercial driving privileges for one year (a serious consequence for professional drivers who depend on their license).  If you are facing evading charges, consult with a lawyer about how the consequences might affect you and how to best protect your rights and your liberty.

VC 2800.2  Felony Reckless Evading a Peace Officer
If an act of evading a police officer involves a wanton and willful disregard for the safety of people or property, felony evading may be charged under VC 2800.2.  VC 2800.2 would be a likely charge in cases where the defendant drove on the wrong side of the street, on a sidewalk, repeatedly made other vehicle code violations, etc.  VC 2800.2 is a wobbler, punishable as a misdemeanor or felony.  As a felony, it carries a sentence of up to three years in prison.  As a misdemeanor, the maximum sentence is one year in jail.

VC 2800.3  Evading Causing Injury or Death
When an act of evading involves injury to another person or death, the consequences can be more severe.  When an act of evading causes an injury, VC 2800.3 is a "wobbler" and can be charged as a misdemeanor or felony.  As a misdemeanor, a conviction for evading causing injury carries up to a year in county jail.  As a felony, the offense is punishable by up to 7 years in state prison, subject, also to enhancements for great bodily injury (GBI).  Evading causing death is punishable by 10 years in prison. 

PC 148(a)(1)  Resisting Arrest
California's resisting arrest law makes it a crime to willfully resist, delay or otherwise obstruct a law enforcement officer or EMT in the performance of their duties, including, but not limited to arrest.  Resisting arrest is a misdemeanor, punishable by up to 1 year in county jail and a fine of $1000.  Defenses include that the arrest was unlawful, the defendant did not actually resist (the officer is making a false accusation), or that the resisting was justified in self-defense against excessive force.  Often charged alongside other offenses, PC 148(a)(1) is a serious charge and a bad one to have on your record.  A resisting arrest conviction will make any future contact with law enforcement, including confinement in a jail, much less manageable.  Consult with an experienced criminal defenses attorney to discuss your concerns, goals and how to fight the charges against you.

PC 243(b)  Battery on a Peace Officer
Battery on a Peace Officer is often charged when an act of resisting involves the use of force.  Without injury, battery on a peace officer is a misdemeanor, punishable by up to a year in county jail.  If there is great bodily injury (GBI), the crime is punishable by up to 4 years in prison.  Again defenses include unlawful arrest, lack of force (false accusation), and self-defense.  If you have been charged with battery on a peace officer, it might very well be that the officer is lying and that evidence might exists to support your side of the story.  More and more police are getting caught on camera.  In addition to the camera's of us carry around on our cell phones, ATMs, gas stations, convenience stores, fast food restaurants, apartment buildings, and even private residences might have footage that you can use to prove your innocence.  Eyewitness account can be helpful as well.  Consult with an attorney now to discuss how to best attack your case.

PC 69  Obstructing or Resisting Executive Officers
Obstructing or Resisting Executive Officers applies to the use of force, threats or violence to resist or prevent an executive officer in the performance of his/her duties.  The term "executive officer" applies to any government official responsible for enforcing laws and is broader than law enforcement officers.  Obstructing or resisting executive officers is a "wobbler" and is punishable as a misdemeanor or felony.

If you or a loved one has been arrested and is facing charges for resisting or evading arrest, our office can help.  These charges are frequently the result of an unlawful arrest, where officers used more force than was reasonable for the situation or the officers lacked justification to arrest in the first place.  Contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney.  We can discuss your particular arrest and charges in detail, and give you a better understanding of what to expect in court.  If you want to fight the case against you, our office can get started right away on your defense.