Felony Reckless Evading Police Charges in Riverside
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Those who have been charged with felony reckless driving during a police pursuit will face harsh penalties/punishment if convicted of the charges. At the Law Office of Stephen R. Brodsky, our Riverside criminal defense lawyers work vigorously to protect our clients' rights and freedom. When possible, we work to have charges dismissed; having them reduced can lessen the damaging impact to your life. If you have been arrested for felony reckless driving while evading police in pursuit, it is critical that you consult with a skilled Riverside criminal defense attorney. For more than two decades, we have been providing our clients with the skill, experience and in-depth knowledge of California's Vehicle Code necessary to secure a favorable outcome.
If you have been charged with Vehicle Code 2800.2 (felony reckless evading), you may wonder what the definition of this offense is. Simply stated, if you flee or attempt to elude a police or peace officer in a way that is reckless and/or puts the safety of others at risk, you are committing this offense.
What does the prosecutor have to do to prove you are guilty of felony reckless evading police pursuit in Riverside?
As reputable Riverside criminal defense lawyers, we know that the prosecutor must prove your guilt beyond a reasonable doubt by demonstrating that:
a) you evaded an officer willfully (or, on purpose), and
b) you purposely or willfully disregarded the safety of others while evading officers
When you are aware that your actions put others at an unjustifiable or substantial risk for harm but you ignore that risk intentionally, you act with what is commonly known in the legal industry as a "wanton disregard for safety."
If convicted on charges of felony reckless evading or evading police in pursuit, what are the penalties you may be subject to?
Penalties that are handed down when convicted on these charges vary depending upon your criminal history, and the circumstances surrounding the case. If convicted, you will face monetary fines of $1,000 to $10,000, and/or 16 months, 2 or 3 years in the California State Prison. Additionally, the court may have your car impounded for up to 30 days, and your driver's license may be restricted or suspended according to California's probation laws.
As experienced Riverside felony reckless evading defense attorneys, we work diligently to develop a strong and effective defense strategy. Some examples of defenses that may be used in these situations include:
a) You evaded the officer unintentionally. If you were under duress, intoxicated to the point that you did not realize you were evading an officer, or in an emergency situation where you could not stop (such as rushing a relative to the hospital), you may not be found guilty of this offense.
b) You were arrested based on an illegal stop. A police officer must have a legitimate reason to pull you over - he/she cannot pull you over "just because they feel like it." Perhaps you evaded the pursuit realizing you had done nothing wrong, but did so out of fear for one reason or another - police brutality, etc.
c) Insufficient evidence. If any element is missing in the prosecutor's case, your Riverside criminal defense attorney will typically be able to have the charges against you dismissed. For example, it is often difficult for prosecutor's to prove beyond a reasonable doubt that you willfully disregarded the safety of others while evading police in a pursuit.
As capable Riverside felony reckless evading defense lawyers, our extensive experience, skill and knowledge allow us to provide an effective defense for our clients. If you have been charged with this or any other criminal offense, contact the Law Office of Stephen R. Brodsky today for a free consultation. Let us put our skill and expertise to work for you.
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