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Georgia Fleeing and Attempting to Elude Defense

Fleeing is one of the most unique crimes in Georgia. It can be treated as either a felony or a misdemeanor depending on the factual allegations. The punishment scheme for fleeing charges is one of the most unique punishment schemes in Georgia. 

Misdemeanor Fleeing and Eluding in Georgia

Someone commits the offense of fleeing or attempting to elude police officers if they fail to bring their vehicle to a stop or try to flee some other way in an attempt to get away form a police vehicle that's chasing them as long as the police vehicle is giving some visual or audible instruction to stop. 

The officer has to be in uniform displaying his or her badge and the vehicle must be marked showing it to be a police vehicle. 

Punishment for Misdemeanor Fleeing in Georgia

Misdemeanor fleeing is punishable as a high and aggravated misdemeanor being that someone convicted of misdemeanor fleeing can receive up to twelve months in county jail and a $5,000 fine. 

There are, however, certain situations where fleeing can be a felony. 

Felony Fleeing and Eluding in Georgia

To be arrested for felony fleeing someone must do the things listed above. They must fail to bring their vehicle to a stop or try to flee some other way in an attempt to get away form a police vehicle that's chasing them as long as the police vehicle is giving some visual or audible instruction to stop. 

Additionally, however, they must commit one of the following aggravating factors:

  • Travel in excess of 20mph over the speed limit (this one is very common);
  • Strikes or collides with another vehicle or pedestrian;
  • Flees in traffic conditions which place the general public at risk of receiving serious injuries;
  • is DUI; or
  • Leaves the state of Georgia while fleeing. 

Punishment for Felony Fleeing in Georgia

If someone is convicted of felony fleeing in Georgia the punishments can be stiff. Most crimes in Georgia can be probated meaning that someone can get, for instance, five years of probation for a crime or something similar. 

Felony fleeing, however, is unique. The sentence cannot be probated, or suspended, or anything of the sorts. So there are only six possible outcomes if convicted of felony fleeing in Georgia. 

  1. A $5,000 fine. 
  2. 1 year in prison. 
  3. 2 years in prison. 
  4. 3 years in prison. 
  5. 4 years in prison
  6. 5 years in prison. 

This makes felony fleeing one of the most difficult charges to negotiate with prosecutors because there are only six possible outcomes. And the "lightest" of the sentence is a $5,000 fine - no small amount of money. 

Additionally, many local prosecutors refuse to consider these fines so it becomes necessary to present evidence to a judge and ask for the "lighter" sentences if a plea is determined to be the best possible outcome. 

Contact Us

If you or a loved one has been charged with fleeing in Georgia contact us today so that we can help you. These are charges that you do not want to fight by yourself. Call us or text us 24/7 and we will help you fight these. 

Free Consultation

Ryan Brown is ready to begin defending you and your rights today. The best defense is one that begins as early as possible. Prosecutors don't take days off and neither should you. Let us get started. Call today for a free consultation.

Where do We Help?

Because we only accept criminal defense matters, we are committed to representing people across the entire state of Georgia. Contact us today for help with your Georgia criminal case.

Copyright © 2020 Ryan Brown

This website if for general informational purposes only and is not to be considered legal advice. Each situation, case, and legal matter is unique and requires custom legal advice. Nothing communicated on this website or through this website constitutes an attorney-client privilege.

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