People may run from a law enforcement officer for many reasons. Perhaps you have an outstanding warrant, or maybe you were driving while intoxicated. In some cases, you may be charged with fleeing the police when you didn’t realise you were being pursued, or simply for taking what the police believe was too long to pull over. Regardless of the cause, any charge of attempt to elude arrest can qualify as a misdemeanor or felony offense, even if the officer’s underlying reason for stopping you doesn’t result in any charges.
If you’re facing prosecution for this offense, the skilled attorneys at Hiltzheimer Law Office can protect your rights.
Criminal Classification and Sentencing Tiers for Aggravated Misdemeanor and Felony Speeding to Elude
Under North Carolina General Statutes section 20-141.5, using a motor vehicle to flee or attempt to elude arrest is normally a Class 1 misdemeanor.
A conviction for misdemeanor fleeing to elude arrest is punishable by up to 120 days in jail. However, the statute allows probation instead of incarceration for an aggravated misdemeanor at the court’s discretion.
Notably, the statute doesn’t require a law enforcement officer to pursue the accused for prosecutors to file these charges. You may be charged with fleeing to elude as soon as you accelerate away from a police officer acting in their official capacity, even if the officer chooses not to chase you.
Speeding to elude arrest becomes a felony in the following situations:
Presence of Two or More Aggravating Factors
The statute lists several aggravating factors. If at least two are present, fleeing to elude arrest charges can be filed as a Class H felony. North Carolina law recognizes the following aggravating factors:
- Reckless driving
- Gross impairment due to drugs or alcohol, or a breath/blood alcohol concentration of 0.14% or higher
- Driving on a revoked or suspended license
- Speeding at least 15 miles per hour over the legal limit
- Speeding through a school or work zone while a posted speed limit is in effect
- Improperly passing a stopped school bus with its lights activated
- Having a child under 12 years of age in the vehicle
- Negligent driving leading to personal injury or property damage greater than $1,000
A class H felony speeding to elude conviction is punishable by probation or anywhere from four to 39 months in jail, depending on your criminal record.
Fatal Motor Vehicle Accident
If a driver causes a fatal accident while alleged to have sped to elude arrest, their criminal charge can be upgraded to a felony. North Carolina law determines the severity of the charge based on how the fatal accident occurred.
If the crash happened because the driver committed at least two aggravating factors, the charge becomes a Class E felony punishable by a 15–88-month prison sentence, depending on prior convictions. Any other fatal crash results in a fleeing to elude arrest Class H felony.
License Revocation and Civil Penalties for Attempting to Elude Arrest
The statutes impose other penalties for felony or misdemeanor speeding to elude arrest.
First, the North Carolina Division of Motor Vehicles (DMV) will suspend the offender’s driver’s license for a year upon a conviction for misdemeanor speeding to elude arrest, and the law does not permit a Limited Driving Privilege following a misdemeanor speeding/fleeing to elude conviction.
The DMV can revoke the offender’s license for up to two years for felony fleeing to elude arrest based on the presence of at least two aggravating factors and up to three years if three or more aggravating factors were present. However, a Limited Driving Privilege is permitted following a conviction for felony fleeing to elude.
Second, anyone convicted of a felony criminal offense of fleeing may be subject to vehicle seizure. Specifically, the North Carolina felony elude arrest law allows the state to start civil forfeiture proceedings to take ownership of the vehicle used by a person convicted of felony speeding to elude arrest. A skilled criminal attorney can advise you as to any potential remedies to recover a seized vehicle.
Collateral Consequences of a Felony Conviction for Fleeing to Elude Charges
In addition to the judicial punishments a defendant may face, there are additional consequences for a felony flee to elude NC conviction.
A convicted felon gains a permanent criminal record that landlords, schools, and potential employers could use to deny housing, employment, and enrollment, respectively. You might also lose the following:
- The right to vote until your sentence has been served
- The right to own or possess a firearm
- Eligibility for certain government welfare programs
- Access to certain government loans for small businesses or disaster relief
- Professional licenses are administered by state licensing boards
Finally, a conviction for felony fleeing to elude arrest in NC charges could harm your reputation by branding you a felon in your community.
Repeat Offender Risks and Sentencing Enhancements
North Carolina’s felony sentencing chart uses three factors to determine the sentencing range for a conviction, including the offense level, aggravating and mitigating factors, and a score derived from the offender’s prior convictions.
The offense level for a felony flee to elude NC charge is either a Class H or Class E felony. These classes fall in the middle range of felonies in the state’s sentencing structure, which runs from Class A through Class I.
Aggravating and mitigating factors play an important role in sentencing. The judge will consider many of the factors surrounding your felony flee to elude charge in NC, as well as your background, to determine whether the offense included aggravating or mitigating circumstances.
Potential aggravating circumstances include the following:
- You joined others to commit the offense or displayed a leadership position in committing it
- You committed the offense for the benefit of a criminal gang
- You were on parole, probation, or pretrial release for another charge at the time of arrest
- A victim suffered a serious injury
Unfortunately, one aggravating element is always present in a felony flee to elude NC charge because the judge can impose harsher sentences for crimes committed to avoid arrest or escape from custody.
The following mitigating factors might be considered prior to sentencing:
- You committed the offense under duress, threat, or coercion
- You were a passive participant, such as a passenger
- You have a mental or physical condition that reduces your culpability
- Your age, immaturity, or limited mental capacity prevented you from understanding your offense
- You committed the offense as a minor and have a reliable parent or guardian
The court will also examine your prior criminal record. The penalties of felony flee to elude NC convictions hinge on the number of previous felony and misdemeanor convictions you have on your criminal record.
The court will add up the number of convictions and arrive at a criminal history calculation based on your record. This score will determine where you land on the sentencing chart. More severe criminal penalties for felony elude NC convictions are reserved for chronic offenders with long criminal histories.
Contact a Criminal Defense Attorney at Hiltzheimer Law Office Today to Discuss Your Charges
The legal implications of felony flee to elude convictions include incarceration, license suspension, and possible forfeiture of your vehicle. However, there are potential defenses available.
Your criminal defense attorney can argue that you were unaware that a police officer was trying to stop you at the time of the offense. You might also be able to assert that you weren’t a willing participant because you weren’t driving the vehicle.
These and other defenses could result in a dismissal of your case, a reduction of your charges, or an acquittal.
The attorneys at Hiltzheimer Law Office have more than 20 years of combined experience representing criminal defendants in North Carolina. We understand what’s at stake in your case, and we’ll do everything in our power to ensure that you receive a fair process.
Contact us today to discuss your felony speeding to elude arrest charges and the defenses you may be able to assert in your case.
