Select your state

Criminal charges

evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Georgia, the act of fleeing or attempting to elude a law enforcement officer is a criminal offense under O.C.G.A. § 40-6-395. A person is considered to have committed this crime if they willfully fail to stop their vehicle or otherwise flee from a police officer or federal special investigator who is in the process of lawfully arresting or detaining them. The law requires that the individual knows or should reasonably know that the person pursuing them is a peace officer. If the individual uses a motor vehicle or watercraft to flee, the penalties can be more severe. Additionally, if the act of fleeing and eluding results in an injury to another person, the offender may face even higher penalties. Penalties for this offense can range from high fines to imprisonment, depending on the severity of the circumstances and whether it is a first or subsequent offense.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Criminal charges

evading arrest or detention

Individual & Family Legal Plan

Articles

Georgia State Code

Georgia State Code

Criminal charges

evading arrest or detention

Articles