California’s "Felony Reckless Evading" Law
Vehicle Code 2800.2 VC
California Vehicle Code 2800.2 VC prohibits driving with a "willful or wanton disregard for the safety of others" while evading an officer. Commonly referred to as "felony reckless evading", this crime is typically a felony, carrying a mandatory jail or prison sentence.
But just because you’ve been charged with this serious offense doesn’t mean you’ll be convicted. That’s where we come in. As former cops and prosecutors, we are equipped with invaluable experience that allows us to provide you with the most comprehensive defenses available.
Below, our California criminal defense attorneys1 address:
1. The Legal Definition of "Felony
Reckless Evading" 
2. Legal Defenses
3. Penalties, Punishment, and Sentencing
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
You may also find helpful information in our related articles on Vehicle Code 2800.1 VC Misdemeanor Evading an Officer; Penal Code 148 PC Resisting Arrest; Vehicle Code 23103 VC Reckless Driving; Vehicular Manslaughter; Penal Code 245(a)(1) PC Assault with a Deadly Weapon (ADW); and California Legal Defenses.
1. The Legal Definition of Vehicle Code 2800.2 VC
California’s "Felony Reckless Evading" Law
Vehicle Code 2800.2 VC prohibits recklessly fleeing from or attempting to elude a peace officer. In order to convict you of this offense, the prosecutor must prove the following facts (otherwise known as "elements of the crime"):
- that you willfully evaded an officer2, and
- that you did so with a "willful or wanton disregard for the safety of others".3
Willfully evading an officer is not only the first "element" of this offense, but it is also an offense in and of itself. Addressed in Vehicle Code 2800.1 VC, California’s misdemeanor "evading an officer" law has its own set of elements that require proof.
For a detailed discussion about this first element, please review our article on Vehicle Code 2800.1 VC California’s "evading an officer" law. And because we cover willfully evading an officer in that article, we’ll move right into the second element, "willful or wanton disregard for the safety of others".
"Willful or wanton disregard for safety"
You act "willfully" when you act willingly or on purpose. It doesn’t matter if you don’t intend to break the law as long as you commit the act intentionally.4
You act with a "wanton disregard for safety" when
- you are aware that your actions present a substantial and unjustifiable risk or harm, but
- you intentionally ignore that risk.
This is the case even if you don’t intend to cause injury or damage.5 Driving with a willful or wanton disregard for safety may include (but is not limited to):
- causing damage to property, or
- committing three or more traffic violations that are each assigned a traffic violation point by the DMV.6 *Failure to yield doesn’t count towards this minimum, as it is necessarily included in the act of evading.7
Example: After officers pull Steven over, but before they approach his car, Steven speeds away. While being chased by the officers, he runs three stop signs, two red lights, and drives up to 60 mph through residential neighborhoods.8
And while the phrase "felony reckless evading" conjures up images of the many high-speed chases we’ve all seen on TV, this isn’t always the case. In fact, you can be convicted of this offense even if you’re not speeding, if you drive with an "I don’t care what happens" type of attitude.
Example: John is being chased by the police on the freeway. He maintains a safe speed, but weaves in and out of traffic, tailgates, drives on the shoulder, and drives by himself in the high-occupancy vehicle lane (that is, the "carpool" lane).
Even though he isn’t speeding, he is still guilty of at least three one-point traffic violations and is therefore driving with a "wanton disregard for safety".
2. Legal Defenses
There are a variety of legal defenses to a Vehicle Code 2800.2 VC felony reckless evading charge that your criminal defense lawyer could present on your behalf. The following are some of the most common.
You didn’t intend to evade the officer
If you didn’t intend to evade an officer, you aren’t guilty of evading an officer. Period. This might be the case if, for example,
- you were too intoxicated to realize that you were evading the officer,
- you were under duress and were being forced by someone else in the car to flee from the officers, or
- your intent wasn’t to elude the officers, but you were in an emergency situation and were simply trying to get where you needed to be (perhaps you needed to rush someone to the hospital).
Insufficient evidence
As San Jose criminal defense attorney Jim Hammer9 explains, "If I can prove that even one of the elements necessary under Vehicle Code 2800.1 VC hasn’t been satisfied beyond a reasonable doubt, you are entitled to an acquittal."
Felony reckless evading is fraught with technical requirements. If police officers do not precisely follow the proper protocol when engaging in a pursuit, you should not be convicted of this offense.
Similarly, if your criminal defense lawyer successfully challenges the claim that you drove recklessly (that is, with a willful or wanton disregard for safety), you should be acquitted of your VC 2800.2 charge.
The arrest was based on an illegal stop
Before an officer can pull you over, he must have a reasonable articulable suspicion that you are or were engaged in criminal activity.10
This means that if the officer arbitrarily decides to pull you over without any cause to do so…and you don’t stop (knowing you had done nothing wrong), perhaps because you were fearful of possible police brutality11, because you were afraid you were the victim of racial profiling, or for any other reason...the illegal stop should override any wrongdoing on your part.
3. Penalties, Punishment, and Sentencing
Although Vehicle Code 2800.2 VC is generally charged as a felony, the offense is actually a wobbler. A "wobbler" is an offense that prosecutors can elect to file as either a misdemeanor or a felony depending on
- the specific facts of the case, and
- your criminal history.
If convicted of California Vehicle Code 2800.2 VC as a misdemeanor, you face six months to one year in a county jail and a $1,000 to $10,000 fine.12
If convicted of VC 2800.2 as a felony, you face 16 months, or two or three years in the California state prison and the same fine.13
Originally, there was no period of mandatory incarceration for this offense, and the fines were only $170 to $2,000. Then in the mid-to-late 90’s, the California Legislature imposed a minimum six-month jail sentence and substantially increased the fines in direct response to the numerous high-speed chases that, due to media publicity, were occurring with increased frequency.
The court may additionally impound your car for up to 30 days and/or suspend or restrict your driver’s license in accordance with California’s probation laws.14
And all of these penalties remain the same regardless of how many officers are pursuing you. The act of evading an officer counts as a single act, which means that you can only be convicted of one count for this offense…even if, for example, four different officers were chasing you.15
Commercial drivers
If you are a commercial driver who was driving a commercial vehicle that gave rise to your felony reckless evading conviction, you will lose your commercial driver’s license for one year upon your first conviction.16 A second or subsequent conviction will result in a lifetime suspension of your commercial license.17
Vehicle Code 2800.3 VC -- serious bodily injury or death
If, while you are evading an officer pursuant to VC 2800.2, you cause serious bodily injury or death to another person, you face prosecution under Vehicle Code 2800.3 VC. VC 2800.3 carries a three to ten-year California state prison sentence.18
Depending on the circumstances, these facts could also trigger charges for vehicular manslaughter and/or Penal Code 245(a)(1) PC assault with a deadly weapon (ADW).19
Loss of your right to own or acquire firearms
In addition to the above penalties, a conviction for felony reckless evading could result in the loss of your Second Amendment right to bear arms.
If convicted of this offense as a felony, Penal Code 12021 PC California’s "felon with a firearm" law prohibits you from owning or acquiring firearms for life.20 However, a misdemeanor conviction does not trigger a firearms ban.
If your California criminal defense lawyer can reduce the felony conviction to a misdemeanor, the state will lift your firearms ban.21 Otherwise, the only way to restore your California gun rights is to obtain a certificate of rehabilitation or a governor’s pardon.22
Felony reckless evading and aliens
This offense is considered a crime of moral turpitude.23 As a result, if you are a legal immigrant or legal alien, a Vehicle Code 2800.2 VC conviction could additionally lead to your deportation.24 For more information about how crimes of moral turpitude affect aliens, please visit our article on California crimes that lead to deportation.
Plea bargaining
Unfortunately, sometimes the facts against you are simply too strong to overcome. When this is the case, your California criminal defense attorney will attempt to negotiate a plea bargain to a reduced charge.
This could include the lesser offenses of either Vehicle Code 23103 VC California’s "reckless driving" law or Penal Code 148 PC California’s "resisting arrest" law. Both of these crimes carry lesser jail sentences and lesser fines than a felony reckless evading conviction.25
It could also include the lesser offense of VC 2800.1 VC, misdemeanor evading an officer. And because this is a necessarily included offense of VC 2800.2 VC26, it means that even if prosecutors charge you with VC 2800.2 VC…and you take the case to trial…a jury could nevertheless decide to convict you of the misdemeanor evading charge instead.
If your case involves mitigating circumstances, your attorney may even be able to convince the prosecutor to reduce your charge to one or more infractions, such as failure to yield or speeding.
Call us for help…
For more information about California’s evading laws, or to discuss your case confidentially with one of our attorneys, do not hesitate to contact us at Shouse Law Group.
Our California criminal law offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions about Nevada’s evading laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.27
Legal References:
1Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
2California Vehicle Code 2800.1 VC -- Misdemeanor evading an officer. ("("(a) Any person who, while operating a motor vehicle and with the intent to evade, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle, is guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year if all of the following conditions exist: (1) The peace officer's motor vehicle is exhibiting at least one lighted red lamp visible from the front and the person either sees or reasonably should have seen the lamp. (2) The peace officer's motor vehicle is sounding a siren as may be reasonably necessary. (3) The peace officer's motor vehicle is distinctively marked. (4) The peace officer's motor vehicle is operated by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, and that peace officer is wearing a distinctive uniform.")
3California Vehicle Code 2800.2 VC -- Felony reckless evading. ("(a) If a person flees or attempts to elude a pursuing peace officer in violation of Section 2800.1 and the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property, the person driving the vehicle, upon conviction, shall be punished by imprisonment in the state prison, or by confinement in the county jail for not less than six months nor more than one year. The court may also impose a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or may impose both that imprisonment or confinement and fine. (b) For purposes of this section, a willful or wanton disregard for the safety of persons or property includes, but is not limited to, driving while fleeing or attempting to elude a pursuing peace officer during which time either three or more violations that are assigned a traffic violation point count under Section 12810 occur, or damage to property occurs.")
4CALJIC 1.20 -- Willfully. ("The word "willfully" when applied to the intent with which an act is done or omitted means with a purpose or willingness to commit the act or to make the omission in question. The word "willfully" does not require any intent to violate the law, or to injure another, or to acquire any advantage.")
5Judicial Council Of California Criminal Jury Instruction -- CALCRIM 2181 -- California’s "felony reckless evading" law.
6See same.
7People v. Diaz (2005) 125 Cal.App.4th 1484, 1491.
8Facts based on People v. Pinkston (2003) 112 Cal.App.4th 387.
9San Jose criminal defense attorney Jim Hammer uses his inside knowledge as a former San Francisco Deputy District Attorney to defend clients accused of violating California’s felony reckless evading laws throughout the Bay Area, including San Francisco, Berkeley, Marin County, and Oakland.
10The landmark case of Terry v. Ohio, (1968) 392 U.S. 1 addresses the fact that before an officer can stop a car, he/she must have a reasonable articulable suspicion that the suspect is or was engaged in criminal activity to justify the intrusion.
11Our California civil rights attorneys at the Shouse Law Group are here to help anyone who has been a victim of police brutality, racial profiling, or any other incident involving police misconduct.
12See California Vehicle Code 2800.2 VC -- Felony reckless evading, endnote 3, above.
13See same. See also California Vehicle Code 18 -- Punishment for felony not otherwise prescribed; alternate sentence to county jail. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony, or to be punishable by imprisonment in a state prison, is punishable by imprisonment in any of the state prisons for 16 months, or two or three years; provided, however, every offense which is prescribed by any law of the state to be a felony punishable by imprisonment in any of the state prisons or by a fine, but without an alternate sentence to the county jail, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.")
14California Vehicle Code 14602.7 -- Fleeing or evading a peace officer; reckless driving; removal and impoundment. ("(a) A magistrate presented with the affidavit of a peace officer establishing reasonable cause to believe that a vehicle, described by vehicle type and license number, was an instrumentality used in the peace officer's presence in violation of Section 2800.1, 2800.2, 2800.3, or 23103, shall issue a warrant or order authorizing any peace officer to immediately seize and cause the removal of the vehicle. The warrant or court order may be entered into a computerized database. A vehicle so impounded may be impounded for a period not to exceed 30 days.")
See also California Penal Code 1203.1 PC, one of California’s probation laws. ("(j) The court may impose…other reasonable conditions, as it may determine are fitting and proper to the end that justice may be done, that amends may be made to society for the breach of the law, for any injury done to any person resulting from that breach, and generally and specifically for the reformation and rehabilitation of the probationer…")
15People v. Garcia (2003) 107 C.A.4th 1159, 1162
16California Vehicle Code 15300 VC -- First time violations; hazardous material violations. ("(a) A driver of a commercial motor vehicle may not operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following…(10) A violation of Vehicle Code Section 2800.1, 2800.2 [California’s felony reckless evading law], or 2800.3 that involves a commercial motor vehicle…")
17California Vehicle Code 15302 VC -- More than one violation. ("A driver of a commercial motor vehicle may not operate a commercial motor vehicle for the rest of his or her life if convicted of more than one violation of any of the following…(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle.")
18California Vehicle Code 2800.3 VC -- Death or serious bodily injury proximately caused by flight from pursuing peace officer; punishment; "serious bodily injury" defined. ("(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, by imprisonment 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 Vehicle Code Section 2800.1 [California’s "evading an officer" law] 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.")
19California Penal Code 192(c) PC -- Vehicular manslaughter. ("(c) Vehicular-- (1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.")
See also California Penal Code 245(a)(1) -- Assault with a deadly weapon (ADW). ("(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.")
20Penal Code 12021 PC California’s felon with a firearm law. ("(a)(1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country…and who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony.")
21California Penal Code 17(b) sets forth the requirements for reducing a felony conviction to a misdemeanor.
22California Penal Code 1203.4 PC -- Expungements. ("Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Section 12021.")
See also California Penal Code 4852.17 PC -- ("Whenever a person is granted a full and unconditional pardon by the Governor [commonly referred to as a governor’s pardon], based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right [that is, restoring your California gun rights] shall not be restored, and Sections 12001 and 12021 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.")
23People v. Dewey (1996) 42 Cal.App.4th 216, 222. ("Furthermore, the fact that a violation of California Vehicle Code section 2800.2 [California’s felony reckless evading law] always involves an "intent to evade" the pursuing officer provides additional justification for concluding that the offense constitutes a crime of moral turpitude. A person seeking to evade criminal prosecution by leaving the scene of an accident without stopping commits a crime of moral turpitude.")
248 U.S. Code Section 1227 -- Deportable aliens. ("(2) Criminal offenses: (A) General crimes: (i) Crimes of moral turpitude. Any alien who-- (I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(j) of this title) after the date of admission, and (II) is convicted of a crime for which a sentence of one year or longer may be imposed, is deportable.") For more information on deportation, please review our article on California crimes that can lead to deportation.
25Vehicle Code 23103 VC California’s "reckless driving" law. ("(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.")
See also Penal Code 148 PC California’s "resisting arrest" law. ("(a)(1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.")
26People v. Springfield (1993) 13 Cal.App.4th 1674, 1679. ("Facially, it could not be more clear that Vehicle Code section 2800.1 is a lesser included offense of Vehicle Code section 2800.2 [California’s felony reckless evading law]. The only distinction between the two crimes is that in committing the greater offense the defendant drives the pursued vehicle "in a willful or wanton disregard for the safety of persons or property." (Veh. Code, § 2800.2.)")
27Please feel free to contact our Nevada criminal defense attorneys Michael Becker and Mike Castillo for any questions about Nevada’s evading laws. Their Nevada law offices are located in Reno and Las Vegas.
