Being accused of reckless evading under California Vehicle Code 2800.2 can feel terrifying. If you’ve been pulled over and charged, you might be facing fear, confusion, and real concern about how this could impact your future. Those feelings are valid, and you’re not alone.
A conviction for felony reckless evading can disrupt everything from your job to your sense of security. But the right criminal defense lawyer can help.
If you’re in Southern California, teaming up with Los Angeles DUI Lawyer is one of the smartest first moves you can make. We’ve helped thousands of people facing charges just like these, and we are ready to help you, too.
Reach out to our team so we can connect you with a lawyer who will explain the California Vehicle Codes and work to protect your future.
What Is California Vehicle Code 2800.2?
Under Vehicle Code §2800.2, you may face felony charges if you’re accused of fleeing from a police officer in a motor vehicle while driving with wanton disregard for safety. In other words, it’s not just about evading—it’s about how you were driving during the alleged incident.
To secure a conviction, the prosecution must prove specific elements beyond a reasonable doubt:
- A law enforcement vehicle pursued you with an activated siren and audible signals.
- The vehicle had a visible red lamp that could be seen from your rearview mirror.
- The pursuing officer wore a distinctive uniform.
- The police vehicle was marked as such.
- You deliberately tried to flee or evade that marked vehicle.
- Your driving showed a willful disregard for the safety of persons or property.
That last point—wanton disregard for safety—is often the crucial factor. Prosecutors need to show that your actions created an unjustifiable risk to human life or property and that you consciously ignored that risk. A strong defense strategy often hinges on challenging this part of the charge.
When Is Reckless Evading Charged as a Felony?
Not every police pursuit leads to a felony. Simple evading is typically a misdemeanor charge (Vehicle Code 2800.1). But the stakes go up significantly when reckless driving or disregard for safety is involved.
For example, prosecutors may elevate the case to a felony in these circumstances:
- You have three or more points on your driving record.
- You drive through residential streets at high speed.
- You cause property damage or drive against heavy traffic.
- You put public safety at risk.
But remember: being charged doesn’t mean being convicted. And driving under the influence doesn’t automatically mean you drove with wanton disregard. Prosecutors still need to prove every element of the crime.
Factors that Can Make Charges Even More Serious
Certain details, known as aggravating factors, can increase the penalties for felony reckless evading. These may include:
- Someone getting hurt or killed during the chase
- Driving under the influence of alcohol or drugs
- Having a criminal history with related offenses
- Committing additional criminal offenses during the incident, like drug possession or resisting arrest
- Damaging property or public infrastructure
Each of these elements could lead to additional charges, longer prison sentences, or a minimum jail sentence that’s harder to avoid.
Related Charges You Might Face
Often, reckless evading is just one part of a larger set of accusations. Depending on your situation, you could also be facing:
- Evading police, causing injury or death: Up to 10 years in prison
- Felony reckless driving: Up to 3 years in state prison and $10,000 in fines
- Disturbing the peace or aiding an officer in violation: Generally misdemeanor charges with shorter jail time
- Driving under the influence: Charges related to DUI could escalate depending on prior offenses or accidents
Even if some of these are misdemeanors, they can still affect your criminal record and future opportunities. Speaking with a criminal defense attorney as early as possible can help prevent additional charges from being filed.
Legal Penalties for Felony Reckless Evading
If you’re convicted under VC §2800.2, the penalties can be life-changing. Here’s what’s at stake:
- Up to three years in state prison
- Fines reaching $10,000
- Driver’s license suspension
- Vehicle impoundment
- Court-ordered programs like drug treatment, mental health counseling, or driver retraining
- Traffic points that impact your driving privileges
And if your charge gets reduced to a misdemeanor, you could still face up to one year in county jail and steep fines. The legal system takes reckless evading seriously—and so should anyone facing this charge.
Long-Term Collateral Consequences
Even after serving time or paying fines, a felony conviction can continue to affect nearly every part of your life. A criminal record can make it harder to find a job or secure housing. Professional licenses may be suspended or revoked, and auto insurance rates often skyrocket.
For non-citizens, the consequences can be even more severe, including the risk of deportation. And whether or not your case involved physical harm, the damage to your personal and professional reputation can be lasting.
These outcomes can weigh just as heavily as the legal penalties. A skilled criminal defense lawyer looks beyond the courtroom and focuses on protecting your life, your future, and your peace of mind.
Defending Against a Felony Reckless Evading Charge
Every case is unique, and your defense attorney should treat it that way. Some common and effective legal defenses include:
- Lack of evidence that you drove recklessly
- No clear proof that you were attempting to evade
- Mistake of fact, such as not realizing the marked police vehicle was pursuing you
- Lack of intent to flee
- Being under the influence without knowing it (e.g., unintentional intoxication)
- An unlawful traffic stop or arrest
Your attorney can also help pursue a plea bargain or explore pretrial diversion programs, especially if this is your first felony offense or no serious injuries occurred.
Talk to Los Angeles DUI Lawyer Today
When you’re facing felony charges under CA Vehicle Code 2800.2 Felony Reckless Evading, it’s easy to feel like your life is spinning out of control. But there are steps you can take and legal options that might surprise you.
A knowledgeable DUI attorney can help you understand what you’re up against, explore potential defenses, and work to protect your future. Start with a confidential consultation. Reach out to Los Angeles DUI Lawyer today.
You don’t have to figure this out alone, and you don’t have to accept the worst-case scenario. We will connect you with a lawyer who will help you take back control of your life and future.
