Criminal charges of any kind could have a serious impact on your future. However, when you have been accused of evading a peace officer and causing death or serious bodily injury, California Vehicle Code 2800.3 allows for severe consequences.
You need a dedicated Los Angeles DUI lawyer to help you dodge a conviction. Schedule a confidential consultation today to learn more about what defense strategies may apply to your case.
When You Can Be Charged with Evading a Peace Officer and Causing Death or Serious Bodily Injury Under CA Vehicle Code 2800.3
Evading a peace officer and causing death or serious bodily injury is a severe offense under California Vehicle Code 2800.3. You can be charged with evading a peace officer and causing death or serious bodily injury when you meet the following elements of the crime:
- You were evading a police officer while operating a motor vehicle
- While evading police, you caused the death or serious bodily injury of another
However, you can only be found guilty of evading a peace officer causing death or serious bodily injury if the act of fleeing police was the cause of the victim’s serious bodily injury or death. Some examples of injuries that may be considered “serious bodily injuries” include:
- Deep lacerations
- Head injuries, concussions, or loss of consciousness
- Compound fractures and broken bones
- Amputation
- Spinal cord injuries
- Internal injuries
- Dismemberment, disfigurement, or skin scarring
These are only a few injuries that could be considered serious. If you were accused of causing another type of severe bodily injury, the state’s prosecuting attorney might still be able to move forward with the charges against you. Take steps to protect your freedom by contacting a Los Angeles DUI lawyer for help.
Charges Related to Evading a Peace Officer and Causing Death or Serious Bodily Injury
If you have been accused of invading a peace officer and causing death or serious bodily injury, you should also expect to be charged with other criminal offenses. There are several potential offenses that relate closely to evading a peace officer and causing death or serious bodily injury. Some of the more common charges you could be facing include:
- Vehicular manslaughter under California Penal Code 192(c) – If you are found guilty of vehicular manslaughter, you could be ordered to pay fines as high as $10,000 and spend up to six years in state prison.
- Second-degree murder under California Penal Code 189 – Although evading an officer causing death or serious bodily injury is not necessarily grounds for a murder charge under California Penal Code 187, you could face a second-degree murder charge if your reckless evasion constitutes “malice aforethought.” If you are convicted of second-degree murder, you could face 15 years to life in prison.
- Misdemeanor evading an officer under California Vehicle Code 2800.1 – If convicted of the misdemeanor of evading an officer, you could spend up to one year in county jail and pay fines as high as $1000.
- Felony reckless evading an officer under California Vehicle Code 2800.2 – If convicted of felony reckless evading an officer, you could spend up to three years in state prison and pay fines as high as $10,000.
Penalties You Face if Convicted of Evading a Peace Officer and Causing Death or Serious Bodily Injury
There are many criminal penalties and collateral consequences you need to be aware of if you have been charged with evading a peace officer and causing death or serious bodily injury.
Under California VC2800.3, you could be facing a variety of charges depending on whether the peace officer suffered serious bodily injury or death.
Evading a Peace Officer Causing Serious Bodily Injury
If the officer suffered serious bodily injury, your evading law enforcement may be considered a wobbler offense. Here, the state’s prosecuting attorney has the authority to charge you with a misdemeanor as opposed to a felony based on the circumstances of your case. If there are mitigating factors present, your charges could be reduced to a misdemeanor.
If convicted of misdemeanor evading a peace officer causing injury, you could spend up to one year in county jail and be ordered to pay fines as high as $10,000. Alternatively, the judge may be willing to sentence you to summary probation in lieu of jail time. However, if you are convicted of felony evading a law enforcement officer causing injury you could spend up to seven years in state prison.
Evading a Peace Officer Causing Death
If a peace officer was killed, you can expect to be charged at the felony level. If convicted, you could spend up to 10 years in state prison and be ordered to pay fines as high as $10,000. Furthermore, you could also be charged concurrently with second-degree murder which carries a maximum of life in prison.
Collateral Consequences of a Conviction
There are several other penalties you need to be aware of if you are found guilty of evading a peace officer causing serious bodily injury or death. For example, your license could be suspended, your vehicle could be impounded, and you may be prohibited from owning guns under California law.
You might also deal with citizenship or immigration issues, child custody or visitation troubles, and difficulty finding or maintaining gainful employment or housing. One of the best ways to avoid these harsh penalties is to prepare a compelling defense strategy so you can be found not guilty at trial.
Potential Evading a Peace Officer and Causing Death or Serious Bodily Injury Defenses
In the vast majority of cases involving evading a peace officer and causing serious bodily injury or death, pretrial diversion and plea agreement may not be available. The state’s prosecuting attorney will need to carefully analyze the evidence in your keys to determine whether they are going to be willing to enter into a plea agreement with you.
In doing so, you may be able to get your charges reduced or dismissed entirely. However, if your case must go to trial, there are several potential defenses you could utilize, such as:
- Lack of evidence
- Lack of intent to evade an officer
- The peace officer’s injuries cannot be considered serious
- The defendant’s driving did not cause the officers injury or death
Reach Out to a DUI Lawyer in Los Angeles for Help Today
When you are ready to negotiate with the state’s prosecuting attorney or present a compelling defense at trial, make sure you have a knowledgeable legal advocate on your side.
Contact an experienced Los Angeles DUI lawyer to figure out how to best approach your defense strategy. Fill out our secure contact form or call our office to schedule your initial consultation today.
