Evading a Peace Officer Resulting in Injury or Death - Vehicle Code 2800.3 VC
California Vehicle Code 2800.3 VC is the statute that the district attorney will charge if you evade a peace officer, cause injury or death to another person. The district attorney, as the prosecutor, is responsible for proving your guilt in court. This is a matter of utmost seriousness, not to be taken lightly. It can be a misdemeanor or a felony offense and is punishable by up to seven years in prison in the case of injury and up to 10 years in prison if a victim is killed.
The severity of these penalties underscores the gravity of the offense, making it crucial to understand the potential consequences.
For instance, if you were driving recklessly and caused a serious accident while trying to evade the police, you could be charged under VC 2800.3. Willfully attempting to evade police in pursuit is a criminal offense under California Vehicle Code 2800.1 VC. However, if somebody is seriously injured or killed as a direct and natural result of your actions, the charges become much more severe.
California Vehicle Code 2800.3 VC says that if you're accused of evading a peace officer resulting in serious bodily injury or death, you could face up to 10 years in prison if convicted. This is a serious offense with severe consequences that can significantly impact your life and future, underscoring the personal stakes involved . Your life could be drastically altered by the outcome of this case.
The legal definition of evading an officer, causing death or injury, first involves evading a peace officer while driving a motor vehicle. By evading, you caused someone a serious bodily injury or their death.
Understanding these elements of the crime is not just about knowing the law; it's about understanding how it applies to your situation. This knowledge can empower you to make informed decisions and navigate the legal process with confidence. Your understanding of the law is crucial in determining the outcome of your case, underscoring the need for a thorough understanding of the law. Your knowledge could be the key to your defense.
As noted, the legal definition of evading an officer is codified in California Vehicle Code 2800.1 VC, the misdemeanor evading an officer law.
Elements of the Crime
First, a police officer in a motor vehicle must be pursuing you, and you must have willfully fled from or tried to flee from them in a motor vehicle, specifically with the intent to evade them. This could include speeding, running red lights, or making sudden and dangerous maneuvers. Next, the police officer and their vehicle must have been distinctively marked (official police markings).
This means that at least one lighted red lamp was visible from the front of the officer's vehicle, and you either saw or reasonably should have seen it. Also, the officer's vehicle sounded a siren as reasonably necessary. The officer must be wearing a distinctive uniform or marked vest. Understanding these terms can help you determine if the officer met the legal standards during the pursuit.
The term 'willfully' is key in understanding the charge against you. It means you fled from the officer intentionally, knowing that they were trying to stop you. Understanding this mental state requirement is crucial in understanding the charge against you.
What Does the Law Say?
California Vehicle Code 2800.3 VC applies when you willfully flee or attempt to evade a pursuing police officer, and your actions lead to serious bodily injury or death. The statute is the more serious form of Vehicle Code 2800.1 VC, which defines the standard crime of evading an officer, by adding harsh consequences when fleeing results in injury or fatality.
This statute imposes severe penalties because of the potential harm caused by dangerous high-speed chases or reckless attempts to escape law enforcement. It assigns accountability for the risks posed to officers, bystanders, and others involved, emphasizing the importance of responsibility in such situations. Simply put, if evasion leads to someone's death, additional penalties apply.
In the context of this law, a "serious bodily injury" includes significant physical impairments such as:
- Loss of consciousness,
- Bone fractures,
- Substantial risk of death,
- Wounds requiring extensive suturing,
- Serious disfigurement,
- Protracted loss or impairment of a body part or function.
Definition of VC 2800.3
The full text of California Vehicle Code 2800.3 VC says -
"(a) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes serious bodily injury to any person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for three, five, or seven years, in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) Whenever willful flight or attempt to elude a pursuing peace officer in violation of Section 2800.1 proximately causes death to a person, the person driving the pursued vehicle, upon conviction, shall be punished by imprisonment in the state prison for a term of 4, 6, or 10 years.
(c) Nothing in this section shall preclude the imposition of a greater sentence pursuant to Section 190 of the Penal Code or any other provisions of law applicable to punishment for an unlawful death."
(d) For the purposes of this section, "serious bodily injury" has the same meaning as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code."
What Is Evading a Police Officer?
Under VC 2800.1, evading a police officer occurs when you are operating a motor vehicle and willfully flee or attempt to elude the officer in pursuit in their vehicle. To meet the legal definition of evasion under California law, certain criteria must exist, such as the following:
- The pursuing law enforcement vehicle must be clearly identifiable.
- The police vehicle must have lights, a siren, the vehicle marked distinctively.
- A peace officer must be driving the identifiable vehicle.
- The peace officer must be wearing a distinctive uniform.
What Factors Must Be Proven?
To convict you under Vehicle Code 2800.3 VC, the DA must prove several elements beyond a reasonable doubt. This is a high standard of proof, and if the prosecution fails to meet it, you cannot be convicted. The elements include:
- The officer was in uniform, clearly displayed official markings, drove a distinctively marked vehicle, and used all necessary signals such as lights or a siren. Understanding these legal standards can help you understand the prosecution's case against you and be better prepared for your defense. Possible defenses could include proving that the pursuing vehicle was not clearly identifiable or that you did not see or hear the signals due to external factors.
- You willfully fled or attempted to evade the officer in pursuit.
- The evasion directly resulted in serious bodily injury or the death of another person. Proximate cause means your actions were a substantial factor in causing the injury or death. A reckless or negligent act causing harm during the pursuit satisfies this requirement.
What is Causation?
A natural and probable consequence is one that a reasonable person would know is likely to happen when all the circumstances are considered. Thus, you are only guilty of evading a police officer causing death or injury if the act of evading an officer causes death or serious bodily injury, meaning the following:
- The death or injury to someone was the direct, natural, and probable consequence of your actions.
- The death or injury would not have happened if you had not evaded the officer.
VC 2800.3 Penalties
The potential penalties for violating VC 2800.3 depend on how the crime is charged and the harm the offense results in.
Suppose someone suffers serious bodily injury as a result of your actions (loss of consciousness, TBI, broken bones, disfigurement). In that case, the offense is a "wobbler," meaning it can be charged either as a misdemeanor or a felony.
If charged as a misdemeanor, you could face the following:
- Fines are between $2000 and $10,000,
- Up to one year in county jail,
- Misdemeanor summary probation.
If charged as a felony, you could face the following:
- Fines are between $2000 and $10,000,
- Three, five, or seven years in state prison,
- Formal felony probation.
If evading an officer results in someone's death, the crime is always a felony. If convicted, you could face four, six, or 10 years in state prison. If the judge imposes probation rather than prison time, you can also expect your driver's license to be suspended.
Impoundment and DL Suspension
Suppose you are convicted of evading an officer, causing injury or death. In that case, the judge will also typically order the following:
- Impound your vehicle for up to 30 days and
- Suspend your driver's license as a condition of probation.
Also, suppose you have a commercial driver's license and commit the crime of Vehicle Code 2800.3, evading an officer and causing injury or death. In that case, your legal right to operate a commercial vehicle will be suspended for one year.
Additionally, your commercial driver's license will be taken away for the rest of your life if you accumulate more than one conviction for evading an officer while driving a commercial vehicle, including:
- Misdemeanor evading under VC 2800.1 and
- Reckless evading under VC 2800.2.
What are Related Offenses?
- Vehicle Code 2800.1 VC - Misdemeanor reckless evading, meaning willfully fleeing a police car with the intent of evading.
- Vehicle Code 2800.2 VC - Felony reckless evading, meaning willfully fleeing a police car or bicycle with intent to evade and driving with willful or wanton disregard for people and property.
- Vehicle Code 2800.4 VC - Reckless evading while driving against traffic, meaning fleeing a police car or bicycle with the intent of evading and driving against traffic.
- Penal Code 192(c) PC - Vehicular manslaughter, which is defined as committing an unlawful act, such as evading an officer, or a lawful act that may cause death, with either negligence or "gross negligence," as a result of which someone is killed.
What are the Common Defenses?
Suppose you're accused of evading a peace officer and the incident results in injury or death. In that case, our California criminal defense attorneys may use different strategies in response to these charges.
Perhaps we can argue there was no willful intent. Notably, intent is key to evasion charges. If you were unaware, you were being pursued; for example, your attorney could argue that you were not willfully fleeing or attempting to evade the officer.
Perhaps we can argue a lack of knowledge of police presence: If law enforcement vehicles or commands were not clearly displayed, or if their siren and lights weren't properly used, you might not have realized you were being pursued or that you were being pursued by someone impersonating an officer.
Perhaps we can argue a lack of causation: The injury or death must result directly from the evasion as a natural consequence. If other factors intervened, such as the victim's conduct or third-party negligence, your attorney may leverage this to get charges reduced to misdemeanor evasion under VC 2800.1.
If you acted under duress or faced an immediate emergency, the court may consider these mitigating factors. Contact our criminal defense law firm, the Hedding Law Firm, for a free case evaluation.
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