Eluding the police is a serious criminal offense in Oklahoma. This crime involves intentionally attempting to evade law enforcement officers who are signaling a driver to stop. The consequences of eluding the police can be severe, ranging from misdemeanors to felonies, depending on the circumstances of the incident.
Legal Definition of Eluding the Police
Title 21 of the Oklahoma Statutes outlines the offense and penalties for eluding or attempting to elude police, with key elements being:
- Intentional Act: The driver must intentionally attempt to elude or evade a police officer.
- Lawful Order: The police officer must be giving a lawful order to stop, and is usually through flashing lights, sirens, or hand signals.
- Awareness: The driver must be aware that they are being pursued by a law enforcement officer.
If the actions don’t meet these requirements, then it does not count as eluding police.
Degrees and Penalties
The severity of the penalties for eluding the police in Oklahoma depends on the circumstances of the offense, such as the manner of elusion and any resulting harm or risk to others. Aggravating circumstances that may exist can also elevate the charges or penalties.
Misdemeanor Eluding:
- Definition: A misdemeanor charge applies when a person attempts to elude the police without significant harm or risk to others.
- Penalties:
- Up to one year in county jail.
- Fines up to $1,000.
- Possible probation and community service.
Felony Eluding:
- Definition: Felony charges are applicable under more severe circumstances, such as causing significant harm or risk to others, engaging in a high-speed chase, or having a prior conviction for eluding.
- Penalties:
- Imprisonment for up to five years.
- Significant fines, which can exceed $5,000.
- Longer probation periods and additional penalties, such as mandatory driving courses or community service.
Aggravating Circumstances:
- High-Speed Pursuit: Engaging in a high-speed chase can elevate the offense to a felony.
- Injury or Property Damage: If the attempt to elude results in injury to others or significant property damage, the penalties can be more severe.
- Endangerment: Reckless driving or actions that endanger the lives of others can lead to enhanced penalties.
However, these are just some potential penalties and the judge will make their final decision based on the specific details of the case.
Legal Process for Charges of Eluding the Police
When facing charges for eluding the police, there is a specific legal process you will go through:
- Arrest: The process begins with the arrest of the suspect, and formal charges are then filed based on gathered evidence.
- Initial Appearance: The accused will make an initial court appearance where the charges are read, and bail is set.
- Pretrial Proceedings: This stage involves discovery, where both the defense and prosecution exchange evidence. During this process, pretrial motions may be filed to challenge the legality of the arrest or the admissibility of evidence.
- Trial: If the case goes to trial, then the prosecution must prove the elements of eluding the police beyond a reasonable doubt. The defense will present its case, as well as any applicable defenses.
If convicted, the court will impose a sentence based on the severity of the offense, the defendant’s criminal history, and other relevant factors.
Oklahoma City Criminal Defense Attorneys
In conclusion, eluding the police in Oklahoma is a serious offense with significant legal consequences. The offense can be classified as a misdemeanor or a felony, depending on the circumstances, including the risk posed to others and any resultant harm. Understanding all of the specifics of the charges you face is key, because it’s how you and your attorney will be able to create your best defense.
If you’re facing charges, our criminal defense team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.
