Refusing to stop for police constitutes a criminal offense. Whether a police officer commands someone to halt verbally or by flashing their lights makes no difference. Evading police in Nevada is the legal term for failing to halt for the police. Eluding police is a misdemeanor that carries a $1,000 fine and a six-month county jail sentence.
A person can also be prosecuted for a felony. Depending on the case’s specifics, a person may be charged with one or more felonies related to avoiding the police.
What Kinds of Felony Evading Charges Are There in Nevada?
There are three felony evading charges in Nevada:
- Felony fleeing endangering another person or causing property damage
- Crime of avoiding inflicting significant bodily harm
- DUI felony evasion
What Does Felony Evading with Human Harm or Property Damage Mean?
One of two things happens when a felony evasion accusation is brought. The first is by engaging in behavior while driving that the state deems dangerous and careless. Driving in this way could put innocent bystanders or law enforcement in danger.
Example: John has a broken tail light and is driving. When a Las Vegas Metropolitan Police Department officer notices him, he flashes his red lamp and sounds the siren to request that John stop. John waits until the song on the radio is finished before stopping because he wants to hear the whole thing.
Even though John intended to pull over for the police, he could still be charged with evasion for needlessly delaying the stop.
When drivers try to evade police, they may speed up or alter their direction. This is another classic evasion situation. This can result in serious damages and a police chase involving the Nevada Highway Patrol.
What About Property Damage?
When a person flees from the police and damages someone else’s property, they may be charged with felony dodging. Property damage could be modest or significant. Regardless, the person is accused of a felony.
Evading DUI
Ignoring a traffic stop is a category D felony if you were also under the influence of drugs or alcohol at the time. A fine of up to $5,000 and a jail sentence of one to four years are possible penalties.
Remember that you would likely also face charges for DUI, a distinct offense. DUI punishments vary based on your criminal record and whether anyone was injured.
Attempting to Elude While Driving Recklessly or Doing Harm
You could be charged with a category B felony if you damage someone else’s property while evading or if you drive in a way that puts people or property in danger. The punishment contains:
- 1 to 6 years in jail, as well as (at the judge’s discretion)
- Fines of up to $5,000
Evading and Inflicting Serious Injury or Death
When escaping the police, you are also guilty of a category B felony if you kill or seriously hurt someone. The sentence is 2 to 20 years in jail, as well as (at the judge’s discretion) a fine of up to $50,000.
Resisting an Officer
You are considered to be resisting arrest when you attempt to prevent a police officer from making an arrest or performing other tasks.
Without a weapon, resisting is a misdemeanor punishable by up to $1,000 in penalties or six months in jail.
Obstructing Government Officials
Lying to or withholding information from a public servant constitutes obstruction. Public officers include the police.
A misdemeanor conviction for obstruction carries a maximum penalty of $1,000 in fines or up to six months in prison.
Assault on a Police Officer
Using forcible physical force against a police officer is known as the battery of a peace officer. Battery commonly takes the form of beating, spitting on, or hurling things at someone.
This carries a penalty of up to $2,000 in fines or up to 364 days in prison.
In any other case, assaulting a peace officer is a category B felony punishable by 2 to 10 years in jail or a fine of up to $10,000.
The maximum prison term would rise to 15 years if a lethal weapon were used in the incident.
How Many Years May I Spend in Prison in Nevada for a Felony Evading Conviction?
A category B felony involves avoiding a police officer while harming property or putting people in danger. One to five years in prison are the possible penalties for this offense. Additionally, a $5,000 fine could be imposed on the offender.
Can I Receive Probation Rather than Incarceration?
There is a chance. A judge has the authority to substitute probation for a prison sentence.
However, receiving probation rather than a prison term is quite challenging.
Combating Charges
The following are three typical evasion defenses. A lawyer may use them to try to convince the prosecution to drop the charges or downgrade them to something less serious:
- Incorrect signal: A flashing red light and a siren are the required official signals that Nevada police must employ to start a traffic stop. You should not be found guilty of neglecting to pull over if the police employed the incorrect signal or if their signal was faulty.
- No intention: In Nevada, evading is an intentional offense; thus, you shouldn’t be found guilty of it unless you wilfully disregarded the police’s signal to halt your car. It’s possible that you truly were unaware that the police were present. Or perhaps you had a medical event that rendered you disabled. The accusations of evading should be withdrawn if the prosecution cannot establish your purpose beyond a reasonable doubt.
- It is unsafe to stop: If the only reason you didn’t pull over was that it was dangerous to do so, prosecutors could be ready to drop the evasion charges against you. You could use evidence, such as camera footage and eyewitness testimony, to demonstrate that stopping would have been risky and that you acted appropriately, given the circumstances.
Deportation
Immigration judges may view evasion as a crime with moral turpitude that is punishable by deportation.
To try and get their charges dropped or changed to a non-deportable offense, immigrants who are charged with a crime are strongly recommended to obtain legal counsel.
Sealing Records
Depending on the type of crime you were found guilty of, there may be a waiting period before your fleeing case can be sealed.
It should be noted that you cannot have any other offenses on your record sealed if you have been convicted of felony DUI. As a result, if you are found guilty of both felony DUI and fleeing, neither conviction can be sealed.
Remember that you can immediately request a record seal if the evasion charge is dropped (i.e., there is no conviction).
However, the actual record-sealing procedure takes a few weeks.
You are strongly advised to have your record sealed as soon as possible, even if all of your convictions are for petty offenses. An evasion conviction can make a candidate who is otherwise qualified for a job less attractive to potential employers when running background checks.
Should I Speak with an Attorney?
You must speak with a Nevada criminal attorney immediately if you are accused of a category B felony. A lawyer can greatly assist when deciding how to defend against a felony evading police charge.
