North Carolina Misdemeanor and Felony Flee to Elude Attorney
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Speeding to elude arrest charges can come with heavy penalties, including a prison sentence and having a felony on your record for the rest of your life. At Hiltzheimer Law Office, we have more than 20 years of experience in helping clients facing criminal charges, and a misdemeanor-and-felony-flee-to-elude lawyer in NC from our team can protect your future, too.
We have a reputation for tenacious advocacy, and we focus on providing the personalized representation our clients need. Our criminal defense attorneys can fight for you both in and out of court. We know how much you have to lose if you’re convicted, so we work tirelessly for all of our clients to secure the best possible outcomes.
If you’ve been charged with speeding to elude arrest, it’s vital to immediately seek legal counsel. Contact our team to get started.
What Is Misdemeanor and Felony Flee to Elude NCGS § 20-141.5?
Fleeing to elude arrest is governed by NCGS § 20.141.5, which states that it is against the law to operate a motor vehicle to elude arrest. You must come to a complete stop when law enforcement signals for you to do so. Not doing so, or applying any kind of trick or device to elude a police officer, can get you charged with a misdemeanor or felony.
Types of Flee to Elude Charges
Typically, if there are no aggravating factors and you have no prior convictions, you will be charged with a Class 1 misdemeanor for fleeing to elude arrest. If your violation of the law was the proximate cause of someone’s death, however, you can be charged with an aggravated misdemeanor, which is a Class H felony.
Similarly, if there are aggravating factors when you elude arrest, you may face felony charges. Aggravating factors can include:
- Speeding more than 15 mph
- Gross impairment
- Reckless driving
- Driving with a revoked license
- Negligent driving leading to an accident that results in property damage or personal injury
- Having a child in the vehicle
- Passing a stopped school bus
If you’re charged with fleeing to elude arrest and have two aggravating factors, you can face a Class H felony. In instances when your actions caused the death of someone and you have two aggravating factors, you can see a Class E felony charge.
Circumstances That Can Lead to Flee to Elude Charges
There are many circumstances that can lead you to face fleeing to elude arrest charges. Some of the most common circumstances involve not stopping when a police officer requires you to do so and speeding up to avoid the arrest.
Sometimes, however, you might not be aware of who the police officer was trying to pull over. That could also result in a charge, despite your lack of intention to actually flee.
Building a Strong Defense Strategy
To have a chance to beat the speeding to elude arrest charges, you need to build a powerful defense. That’s not something you want to attempt without a lawyer.
With a criminal defense attorney, you can depend on certain defense strategies. For example, your attorney may focus on the lack of aggravating factors. This can make it possible to ask for reduced charges. If you were fleeing to protect yourself or someone else, you may be able to claim self-defense, as well.
Our team can also look into the initial stop to make certain it was lawful. If it wasn’t, then we can fight to have the charges reduced or dropped.
No matter the defense strategy we pursue, the process requires gathering evidence, including speaking with witnesses, and assessing the arresting officer’s report. Your misdemeanor-and-felony-flee-to-elude lawyer in North Carolina can evaluate your case’s circumstances and prepare the strongest possible defense.
Consequences of a Flee to Elude Conviction
A fleeing and eluding sentence in North Carolina can be serious. These charges can carry jail time, a license revocation, as well as fines and other penalties that can impact all aspects of your life.
Penalties for Misdemeanor Fleeing
If you’re convicted of a Class 1 misdemeanor, you can face a prison sentence of 120 days, depending on your prior record. This means that you may have a permanent criminal record. You may also need to pay significant fines imposed at the court’s discretion, and your driver’s license may be suspended for up to a year.
Punishment for Felony Speeding to Elude
A felony flee-to-elude-arrest conviction carries significantly more severe penalties. The court will consider whether you have prior convictions and the class of felony it is when sentencing, but you can generally expect to have a suspended license and a felony record, and either jail time or probation depending on your prior record.
If there are three or more aggravating factors, you may encounter longer suspensions. You could face prison time, and you can be responsible for hefty fines.
Being a convicted felon comes with many other collateral consequences, including not being able to work in certain professions or live in federal housing. You can lose your right to vote and to own guns, as well as your right to serve on a jury or hold public office. You may have trouble getting loans because you’ll be a high-risk borrower, and if you’re not a citizen of the United States, you could face deportation.
Next Steps After Being Charged With Flee to Elude
After being charged with speeding to elude arrest, you need to contact our attorneys right away. The moment you’re given the chance to speak with a lawyer, call us so that we can start building a strong defense. With a misdemeanor-and-felony-flee-to-elude lawyer in North Carolina, you can receive the guidance you need as you navigate the legal system.
We typically begin with a thorough assessment of your case and an investigation into exactly what led to your arrest. We can use all of the information we obtain to plan a personalized defense.
Trust Hiltzheimer Law Office With Your Case
If you want to know how to defend a fleeing and eluding charge in NC, the first thing you need to do is contact our experienced lawyers at Hiltzheimer Law Office. We understand what you’re going through in this difficult time, and we are committed to ensuring our clients have the comprehensive, personalized representation they deserve to safeguard their futures. Call our team to schedule a consultation today.
Frequently Asked Questions
Fleeing to elude arrest occurs when a driver intentionally fails to stop for a law enforcement officer who is signaling them to do so.
NC § 20‑141.5 defines the crime of fleeing to elude arrest and sets out the distinctions between misdemeanors and felonies based on the circumstances and severity.
A misdemeanor charge typically involves lower speeds and no prior offenses, while felony charges arise from higher speeds, reckless driving, or prior convictions.
Speeding to elude arrest is when a driver intentionally accelerates or drives recklessly to avoid a law enforcement stop.
Aggravating factors include causing injury, driving recklessly at high speeds, or having prior fleeing convictions.
Penalties may include fines, points on your driver’s license, limited driving privileges, and possible jail time.
Felony penalties can include longer prison sentences, higher fines, permanent license suspension, and mandatory probation.
Yes. An experienced attorney can help navigate defenses, reduce charges, and negotiate penalties.
Convictions can lead to suspension or revocation of your license, depending on the severity of the offense.
Many police pursuits result in charges when officers document intent to evade, with felony charges applied in cases involving reckless or dangerous driving.
A lawful stop requires that an officer has probable cause or reasonable suspicion to pull over a vehicle.
Factors like prior convictions, high speed, accidents, or injuries can upgrade a misdemeanor to a felony.
Yes. The statute outlines specific penalties, aggravating factors, and legal thresholds for misdemeanor and felony charges.
Possible defenses include challenging the officer’s signal to stop, questioning intent, proving emergency situations, and highlighting procedural errors.
Yes. Past cases show courts considering speed, recklessness, prior offenses, and outcomes of police pursuits when determining convictions and sentencing.
