Fleeing or attempting to elude a peace officer is a serious offense in Illinois. It occurs when a driver willfully fails to stop their vehicle after receiving a visual or audible signal from a police officer directing them to stop.
Fleeing and eluding a law enforcement officer can attract serious criminal charges and potential consequences, including jail time and hefty fines. If one is charged with such an offense, it is imperative to contact a skilled attorney for criminal defense. Continue reading to find out more about the criminal charge and how Hirsch Law Group can help with your defense.
The offense of fleeing or attempting to elude a peace officer is defined under 625 ILCS 5/11-204 in the Illinois Vehicle Code. It applies to any driver who, after being signaled to stop, engages in behaviors such as:
Signals to stop from law enforcement officers typically include:
Fleeing or eluding is typically a misdemeanor but can escalate to a felony charge if it results in bodily injury, property damage, or creates a risk to public safety. The severity of penalties often depends on the specific circumstances of the incident.
Fleeing and eluding can also become aggravated if certain circumstances are in place at the time of the incident. They include if the fleeing:
We at Hirsch Law Group understand the complexities of these cases. Our experienced lawyers can help navigate the legal process and protect your rights if you’re facing charges related to fleeing or attempting to elude a peace officer.
Fleeing or attempting to elude a peace officer in Chicago is a serious offense with significant legal ramifications. Under Illinois law, this crime is typically classified as a Class A misdemeanor. A conviction can result in up to 364 days in jail and a fine of up to $2,500.
In certain circumstances, the offense may be elevated to a felony charge. For instance, a third or subsequent violation becomes a Class 4 felony. This carries potential penalties of 1-3 years in prison and fines up to $25,000.
Additionally, aggravated fleeing and eluding leads to a felony charge. For a first-time offender, it is a Class 4 felony, and for a subsequent offender, it is a Class 3 felony. Class 3 felonies attract 2 to 5 years in prison.
Additional penalties often include:
Driver’s license suspension is for a maximum of 6 months for a first conviction and a maximum of 12 months for a second conviction for fleeing or attempting to elude a peace officer.
It’s crucial to note that a conviction can have long-lasting effects beyond legal penalties. Employment opportunities, housing options, and personal relationships may all be impacted by a criminal record stemming from this offense.
When facing charges of fleeing or attempting to elude a peace officer in Chicago, we employ various defense strategies to protect our clients’ rights. Our team also explores the possibility of reinstatement of driver’s licenses if a suspension results from the charges. At trial, we rigorously cross-examine witnesses and present evidence favorable to our client’s case. Our goal is to create reasonable doubt and secure the best possible outcome. Some approaches to defense that we explore include the following.
We also examine the evidence thoroughly. This includes reviewing police reports, dash cam footage, and witness statements. Our goal is to identify any inconsistencies or procedural errors that could weaken the prosecution’s case.
In some situations, we may argue that there is a lack of intent. The defendant might not have realized they were being signaled to stop due to road conditions, traffic noise, or other factors. This defense can be particularly effective if there’s evidence supporting the claim.
Another potential strategy is the necessity defense. We may argue that the defendant had a legitimate reason for not immediately stopping, such as seeking a well-lit area for safety.
Several reasons could have legitimately prevented the driver from being able to stop. For example, if the vehicle’s brakes failed, the defendant would be unable to stop the car. Also, they may have been experiencing a medical emergency, such as a stroke, preventing them from being able to physically stop their vehicle. If this is the case, we adduce evidence to be able to get the charges against our clients dismissed.
We often negotiate with prosecutors to reduce charges or seek alternative resolutions. This could include plea agreements for lesser offenses or court supervision instead of harsher penalties. Our attorneys are well-versed in negotiating with prosecutors and presenting compelling arguments for reduced charges.
We at Hirsch Law Group are dedicated to providing top-tier legal representation for those charged with any criminal offense in Chicago and its environs. If you are facing fleeing or attempting to elude charges in Illinois, our team of seasoned attorneys possesses the requisite experience needed to skillfully handle your case.
We understand the intricacies of Illinois law, allowing us to craft effective defense strategies tailored to each client’s unique situation. Our legal team gives every client individual attention, ensuring their concerns are addressed, and their rights are protected throughout the legal process.
Furthermore, our offices in Chicago and around Illinois offer free initial consultations to discuss your case. We believe in transparent communication and will provide a clear assessment of your legal options.
Let our Chicago criminal defense attorney provide you with superior legal representation to fight the charges against you. We strive to achieve the best possible outcome for each case we handle. Our commitment to client service sets us apart in the legal community.
Don’t face your criminal charges alone. Contact us today to schedule your consultation, and let us put our skills to work for you.