Note: This post was last updated on February 23, 2023.
If you’re facing charges of evading the police, you need a skilled criminal defense attorney on your side. Fleeing from law enforcement is a serious offense that carries harsh penalties, and can have a lasting impact on your future. At our firm, we have years of experience defending clients against these charges and are committed to fighting for your rights. Don’t take any chances with your future, contact us today for a free consultation, and let us help you navigate this challenging time.
Why is Evading Law Enforcement a Crime?
Any driver disobeying law enforcement by stopping then driving away, speeding away after lights and sirens initiate, or even driving several miles before stopping could be arrested for evading the police.
In Colorado, the term “eluding” is what is used to describe evading the police. Vehicular eluding is a very serious crime and CRS 18-9-116.5 specifically defines eluding as any person, while driving a vehicle, that attempts or knowingly eludes law enforcement and knows or reasonably should have known they were required to come to a stop.
Attempting to Elude is a Crime Too
You might eventually stop your vehicle, but you could still be arrested for attempting to elude, which is equally serious.
Eluding the police outright is a felony. Attempting to elude is considered a class 2 misdemeanor. While less serious, the penalties are still quite harsh.
Enhanced Fines and Penalties for Felony Eluding
To be convicted of felony eluding, you must be operating your vehicle in a reckless manner. Such as speeding and risking the lives of other motorists while eluding. Colorado sees eluding as a threat to public safety; therefore, the statute allows for enhanced penalties.
The minimum fines for these classifications of crimes can be doubled for those found guilty of felony eluding.
For example, if the minimum fine for a Class 5 felony is $1,000, a person found guilty of felony eluding would pay $2,000.
Understanding the Penalties of Eluding
The penalties depend on multiple factors, including your behavior while eluding. Some penalties for eluding include, but are not limited to:
- Class 2 Misdemeanor – Most people are charged with misdemeanor eluding, which is a Class 2 misdemeanor. If convicted, you could face 10 to 90 days in jail and a fine ranging from $150 to $300.
- Class 5 Felony – Felony eluding happens when you are eluding the police while driving recklessly. A Class 5 felony means that no one was hurt while you were recklessly fleeing law enforcement. If convicted, you could face one to three years in prison and a fine ranging from $2,000 to $100,000.
- Class 4 Felony – If you cause an accident and injure someone while eluding, you are bumped to a Class 4 felony. That means you could face two to six years in prison and fines ranging from $4,000 to $500,000.
- Class 2 Felony – If someone dies while you are eluding the police, you will be charged with a Class 2 felony. This charge carries eight to 24 years in prison and a fine of $6,000 to $1,000,000.
Arrested for Eluding? You Need a Criminal Defense Attorney
If you’re facing charges of eluding the police, you need a skilled criminal defense attorney on your side. The penalties for this offense are severe, and the consequences can impact your life for years to come. With years of experience defending clients in Colorado, our attorney Mark S. Rubinstein, P.C. has the knowledge and expertise to fight for your rights and minimize the impact on your life. Schedule a free case evaluation today by calling us or requesting more information online. Don’t wait, let us help you navigate this challenging time.