PC §718(A) - EVADING A PEACE OFFICER W/ VIOLENCE
CLASS F FELONY
(a) Definition
Evading a peace officer with violence is the act of intentionally fleeing or attempting to elude a law enforcement officer who is lawfully attempting to conduct a traffic stop or detainment, while engaging in violent conduct or actions that pose a threat of harm to the officer or others.
(b) Elements of the Offense
The following elements must be met to constitute evading a peace officer with violence:
The defendant operated a motor vehicle on a public roadway.
A peace officer, identifiable by uniform or badge, lawfully attempted to conduct a traffic stop or detainment of the defendant's vehicle.
The defendant intentionally fled or attempted to elude the peace officer with the intent to evade apprehension.
During the evasion, the defendant engaged in violent conduct or actions that posed a threat of harm to the peace officer or others.
Prohibited Conduct
(a) Prohibited conduct may include, but is not limited to, the following actions:
Using the vehicle as a weapon against the peace officer or their vehicle.
Engaging in aggressive or threatening behavior towards the peace officer.
Resisting or assaulting the peace officer during the evasion.
(c) Defenses
(a) It shall be a defense to a charge of evading a peace officer with violence if the defendant can prove that they did not engage in violent conduct or actions during the evasion, or if they can demonstrate that their actions were justified under the circumstances, such as self-defense.
(b) Lack of evidence of evading a peace officer with violence, such as errors in law enforcement observations or documentation, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing injury or death to the peace officer or others during the evasion, using a deadly weapon during the commission of the offense, or prior convictions for violent offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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