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