What Does Unlawful Flight Mean in Arizona?
This article discusses the following:
- What is the Difference Between Failure to Stop and Evading the Police?
- What if the Cop Car Was Unmarked?
- What Happens if You Run from the Police on Foot?
- Penalties for Unlawful Flight
- What Potential Defense Strategies Can Be Used to Mitigate Charges?
- Contact an Experienced Criminal Defense Attorney From Kolsrud Law
Imagine you’re driving late at night, tired after a long day, when you suddenly notice flashing lights in your rearview mirror. Confused, you’re not sure if the vehicle behind you is a police car or if the officer is trying to stop you or someone else.
Hesitant, you keep driving for a short distance, looking for a safe place to pull over, but in that brief moment of uncertainty, the situation escalates. By the time you stop, the officer is already treating the incident as unlawful flight, a serious charge under Arizona law.
This scenario isn’t uncommon, and it highlights how easily an innocent misunderstanding can lead to severe legal consequences.
Unlawful flight, even if accidental, can result in a felony charge, carrying penalties that can significantly impact your life. Understanding what constitutes evading the police, the differences from related charges, and potential defenses is crucial if you ever find yourself in this situation. For expert legal advice and representation, contact Josh Kolsrud at Kolsrud Law.
What is the Difference Between Failure to Stop and Evading the Police?
Failure to stop and evading the police are terms often used interchangeably, but they have distinct legal meanings under Arizona law. "Failure to stop" refers to a driver's refusal to comply with a police officer's signal to pull over, which can be charged under ARS 28-1595.
This statute classifies failure to stop as a civil traffic violation or a misdemeanor, depending on the circumstances.
If a driver ignores an officer's signal but does not take further steps to flee or evade, they may be charged with a misdemeanor under ARS 28-1595, which could result in fines and potential license suspension.
On the other hand, "evading the police" or "unlawful flight" involves a deliberate attempt to escape or avoid the police, often by speeding away or engaging in dangerous driving maneuvers. This more serious action is classified as a Class 5 felony under ARS 28-622.01, carrying more severe penalties, including possible imprisonment.
The key difference lies in the intent and the actions taken by the driver after the police signal to stop. While failure to stop can sometimes be attributed to a momentary lapse in judgment or not noticing the officer, evading the police indicates a clear intent to flee, which is treated more harshly under Arizona law.
What if the Cop Car Was Unmarked?
A common question that arises in cases of unlawful flight or evading police is whether the defendant knew they were being pursued by law enforcement, especially when the pursuing vehicle is unmarked.
Under Arizona law, if you are being charged with unlawful flight from an unmarked police car, the prosecution must prove certain key elements to establish your knowledge that the vehicle was an official law enforcement vehicle.
According to Arizona law, the situation involving an unmarked police vehicle can still lead to a charge of unlawful flight if:
- The driver admits to knowing that the vehicle was an official law enforcement vehicle. This admission can be made during interactions with law enforcement or through statements made during the investigation. If you acknowledged that you knew the unmarked vehicle was a police car, this can be used against you in court.
- Evidence shows that the driver knew that the vehicle was an official law enforcement vehicle. Even if you do not admit to knowing the vehicle was a police car, the prosecution can rely on other evidence to prove your knowledge. This might include the use of sirens, flashing lights, or the officer identifying themselves in some way before you attempted to flee.
If the prosecution cannot establish that you knew the vehicle was an official law enforcement vehicle, it may be possible to challenge the charges or seek a reduction in penalties.
However, if the evidence strongly supports that you were aware of the police pursuit, even from an unmarked vehicle, the same penalties for unlawful flight under ARS 28-622.01 may still apply, including potential felony charges.
What Happens if You Run from the Police on Foot?
Running from the police on foot is a serious offense in Arizona and is typically charged as resisting arrest.
Under ARS 13-2508, resisting arrest occurs when a person intentionally attempts to prevent a police officer from making an arrest, which includes fleeing on foot.
The severity of the charge depends on the circumstances of the incident. If no force is used during the flight, the charge may be classified as a Class 1 misdemeanor. However, if force or the threat of force is involved, it can be elevated to a Class 6 felony.
Even without the use of force, fleeing on foot can complicate your legal situation. If you were initially being stopped for a minor offense, running from the police can lead to additional charges, including resisting arrest and possibly unlawful flight if the incident began in a vehicle.
Moreover, attempting to flee often results in more aggressive pursuit by law enforcement, increasing the risk of injury or further legal complications.
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Penalties for Unlawful Flight
Unlawful flight from law enforcement in Arizona is treated as a serious criminal offense with significant penalties.
Under ARS 28-622.01, unlawful flight is classified as a Class 5 felony. This means that if you are convicted of this charge, you could face severe legal consequences, including:
- Prison time: A conviction for unlawful flight can result in a prison sentence ranging from 9 months to 2 years for a first-time offender. If there are aggravating circumstances or prior convictions, the prison term could be longer.
- Fines: The fines for a Class 5 felony can be substantial, potentially reaching up to $150,000. This does not include additional court costs and fees that may be imposed.
- Probation: In some cases, the court may impose probation instead of or in addition to a prison sentence. However, this often comes with strict conditions, including regular check-ins with a probation officer, restrictions on movement, and mandatory participation in rehabilitation programs.
- Driver’s license suspension or revocation: A conviction for unlawful flight can also result in the suspension or revocation of your driver’s license, which can significantly impact your daily life and ability to work.
- Permanent criminal record: A felony conviction for unlawful flight will become part of your permanent criminal record, which can have long-term consequences, including difficulties in securing employment, housing, and professional licenses.
| Penalty | Description |
|---|---|
| Prison Time | 9 months to 2 years for a first-time offender; longer if aggravating factors or prior convictions exist. |
| Fines | Up to $150,000, excluding court costs and fees. |
| Probation | May be imposed with strict conditions instead of or in addition to prison. |
| License Suspension | Suspension or revocation of driver's license. |
| Criminal Record | A felony conviction with long-term consequences, including employment and housing challenges. |
What Potential Defense Strategies Can Be Used to Mitigate Charges?
When facing charges of unlawful flight in Arizona, one of the most effective defense strategies is to challenge the prosecution's ability to prove the key elements of the offense.
To secure a conviction for unlawful flight under ARS 28-622.01, the prosecution must demonstrate that you intentionally fled or attempted to elude a pursuing law enforcement vehicle that was clearly marked and signaled you to stop.
Here are some defense strategies that can be used to disprove these elements:
- Lack of Intent: One of the primary elements the prosecution must prove is that you intentionally tried to flee from law enforcement. A strong defense may involve showing that there was no intent to escape the police. For example, if you were unaware that the officer was signaling you to stop, perhaps due to distractions or unclear signals, this could be used to argue that your actions were not intentional.
- Vehicle Was Not Clearly Marked: Another critical element in an unlawful flight charge is that the pursuing vehicle was clearly marked as a law enforcement vehicle. If the vehicle was unmarked, or if it was not immediately recognizable as a police car, you may be able to argue that you did not realize you were being pursued by law enforcement. This defense is especially relevant if the prosecution cannot prove that you knew the vehicle was official law enforcement.
- No Lawful Stop Attempt: For an unlawful flight charge to hold, the prosecution must show that the officer made a lawful attempt to stop you. If the officer did not have a valid reason to initiate the stop, or if the stop was not conducted according to proper procedures, the charge could be challenged. For instance, if the officer lacked probable cause or if there were procedural errors in how the stop was executed, this could weaken the prosecution's case.
- Mistaken Identity: In some cases, it may be possible to argue that you were not the person driving the vehicle at the time of the alleged unlawful flight. If there is evidence to suggest that someone else was operating the vehicle, this could be used to disprove the charge entirely.
Each of these defenses targets specific elements that the prosecution must prove beyond a reasonable doubt. By undermining the prosecution’s case on these critical points, it may be possible to have the charges reduced, dismissed, or to secure a more favorable outcome in court.
An experienced criminal defense attorney can help assess the details of your case and determine the most effective defense strategy.
Contact an Experienced Criminal Defense Attorney From Kolsrud Law
If you are facing charges of unlawful flight or any related offense in Arizona, it is crucial to have experienced legal representation on your side.
At Kolsrud Law, Josh Kolsrud brings extensive experience and a proven track record, having handled over 3,500 cases and more than 100 jury trials. His deep understanding of Arizona law and commitment to his clients make him a formidable advocate in the courtroom.
Contact Kolsrud Law today at (480) 999-9444 for a free attorney consultation.
An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
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Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
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Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
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