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 California, the act of fleeing from a peace officer or federal special investigator who is attempting to lawfully arrest or detain an individual is a criminal offense known as 'evading a peace officer'. Under California Vehicle Code Section 2800.1, if a person willfully flees or attempts to elude a pursuing peace officer's vehicle or bicycle, it is a misdemeanor. The penalties increase if the individual uses a motor vehicle to commit the offense, as outlined in Vehicle Code Section 2800.2, which can result in a felony charge if the evasion is done with wanton disregard for the safety of persons or property. Furthermore, under Vehicle Code Section 2800.3, if the act of evading causes injury or death to another person, the individual fleeing may face even more severe penalties, including imprisonment and substantial fines. It is important for individuals to understand that these laws are in place to ensure public safety and that evading law enforcement is taken seriously in the state of California.