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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 Virginia, fleeing and eluding law enforcement is a criminal offense under Virginia Code § 46.2-817. An individual is guilty of this offense if they knowingly flee from a law enforcement officer after receiving a visible or audible signal to bring their vehicle to a stop. The law applies when the individual is aware, or should be aware, that the person pursuing them is a law enforcement officer attempting to make a lawful arrest or detention. The offense becomes more serious if the individual uses a motor vehicle or watercraft to flee. If the pursuit results in an accident or causes injury to another person, the penalties can be even more severe, potentially leading to felony charges. The severity of the charge and the associated penalties can vary based on the circumstances of the evasion, such as the manner of fleeing and the presence of aggravating factors.

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Criminal charges

evading arrest or detention

Individual & Family Legal Plan

Articles

Virginia State Code

Criminal charges

evading arrest or detention

Virginia State Code

Articles