Fleeing and eluding is one of the most unique crimes in Georgia, so it should always be defended by an experienced criminal defense attorney. Depending on the factual allegations, it can be treated as either a felony or a misdemeanor. As a unique crime, the punishments are also specific. Due to the complexities associated with these cases, defending your claim alone can prove extremely difficult. Rather than fighting alone to protect your rights, let a Newnan fleeing and eluding lawyer assist you through the process. Call the law offices of J. Ryan Brown today to start building your defense.
Someone commits the offense of fleeing or attempting to elude police officers if they fail to bring their vehicle to a stop in an attempt to get away from a police vehicle that’s chasing them. However, this applies only if the police vehicle is giving some visual or audible instruction to stop. The officer must also be in uniform, displaying his or her badge, and the vehicle must be marked as a police vehicle. If you were arrested for fleeing and eluding when none of these signs were present, an aggressive attorney in Newnan can help you fight the charges. Committing fleeing in this manner is a misdemeanor, however, fleeing can also be a felony.
Fleeing is a felony when someone flees while going over 20 miles per hour over the speeding limit, if they strike a vehicle or pedestrian, if they cause an accident, or if they flee in conditions that put the public at risk of receiving an injury. Additionally, fleeing can also be considered a felony if the party flees while DUI, while committing reckless stunt driving, reckless driving, laying drag, or passing a school bus.
Recent changes to state law have significantly toughened the penalties for those who are convicted of fleeing and eluding. A misdemeanor conviction is considered a high and aggravated misdemeanor carrying a fine of up to $5,000. This comes with a sentence between 30 days and 12 months.
Felony convictions are much more stout than their misdemeanor counterparts. As a Newnan attorney can further explain, the minimum fine for felony fleeing and eluding in Georgia is a $5,000 to $10,000 fine. The court may sentence the defendant to no less than 12 months in the county jail and no more than ten years in the State prison system. The range of punishment was one year to five years before the 2022 changes to the law.
The sentencing factor that makes felony fleeing unique is that they serve time of the sentence cannot be probated or served concurrently with any other offense.
If you or a loved one has been charged with fleeing and eluding, call J. Ryan Brown Law as soon as possible. These are charges that you do not want to fight by yourself. Get in touch today to discuss your unique case with a Newnan fleeing and eluding lawyer.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
