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Lexington Fleeing and Evading Police Defense Attorney
The first thing you need to do after you’ve been arrested for evading a police officer, is to call a Cooley, Iuliano, Robey PLLC obstruction of justice attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled evading police defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they’re used to pursuing their fleeing and evading a police officer case against you. Our evading a police officer law firm and evading a police officer attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is fleeing or evading a police officer?
You are fleeing or evading police when you knowingly evade arrest or the order to stop by a police officer. The crime can be a Class A misdemeanor or a Class D Felony, depending on the severity of the crime or charges that are the reason for a police officer to want your arrest. The manor in which you flee also matters. It’s never good to evade arrest, no matter how minor or insignificant you might think your crime was. Your compliance with being arrested will be more beneficial in the long term.
It is a Class A misdemeanor in cases of fleeing or evading a police officer in the second degree, when you are a pedestrian on the street or public area, walking or running away from a crime you are suspected of committing, and failing to comply with the order to stop. In order for the charge of fleeing and evading to apply, you must have been aware at the time you were being ordered to stop.
If you were driving away from a crime, and putting others in danger, the charges are elevated to fleeing and evading in the first degree. That will result in a Class D felony charge, with more severe consequences. If you are fleeing after being accused of a domestic violence charge, that is also a Class D felony.
If you are being accused of evading police charge, finding experienced professionals like Lexington ky criminal defense attorney or an evading police lawyer immediately after your arrest is where you should start in taking control of your future.
Have you been charged with evading a police officer?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with evading a police officer, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
Evading Police and Related Charges & Penal Codes in Kentucky
The crime of obstructing justice can be defined in Kentucky and elsewhere in the United States as interfering with criminal investigations, prosecution or enforcement of any law, either by delaying or trying to prevent it. A criminal defense attorney who also has a great reputation for having a great client relationship in every case and experience in obstruction of justice could help you avoid the harshest punishments for this crime, which should not be taken lightly. Although any citizen can be accused of it, it’s commonly a charge facing law enforcement agents, prosecutors, elected officials, and even judges. And, in the US, they can carry a steep prison term or period. In the lightest of cases, you can be charged with a misdemeanor, but obstruction of justice can be the real reason somebody accused of other more serious offenses—like fraud, theft, terrorism, and even murder—are sent to years in prison.
Which is why obtaining the services of an evading police defense attorney Lexington against evading a police officer chargers is the first thing you need to do when faced with charges like these. CIR Legal’s seasoned evading police attorneys can help you with any type of fleeing and evading a police officer crime charge and help you determine what you’re up against. Finding a proper legal defense against an obstruction crime in evading a police lawyer is the first order of business when faced with Obstruction of justice charges.
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Fleeing or Evading Police
(1) A person is guilty of fleeing or evading police in the first degree:
(a) When, while operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop his or her motor vehicle, given by a person recognized to be a police officer, and at least one (1) of the following conditions exists:
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- The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720;
- The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010;
- The person is driving while his or her driver’s license is suspended for violating KRS 189A.010; or
- By fleeing or eluding, the person is the cause, or creates substantial risk, of serious physical injury or death to any person or property; or
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(b) When, as a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys an order to stop, given by a person recognized to be a peace officer, and at least one (1) of the following conditions exists:
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- The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; or
- By fleeing or eluding, the person is the cause of, or creates a substantial risk of, serious physical injury or death to any person or property.
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(2) Fleeing or evading police in the first degree is a Class D felony
If you or someone you care about has been charged with an evading a police officer crime in the first degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of fleeing or evading police in the second degree when:
(a) As a pedestrian, and with intent to elude or flee, the person knowingly or wantonly disobeys a direction to stop, given by a person recognized to be a peace officer who has an articulable reasonable suspicion that a crime has been committed by the person fleeing, and in fleeing or eluding the person is the cause of, or creates a substantial risk of, physical injury to any person; or
(b) While operating a motor vehicle with intent to elude or flee, the person knowingly or wantonly disobeys a recognized direction to stop his vehicle, given by a person recognized to be a peace officer.
(2) No offense is committed under this section when the conduct involved constitutes a failure to comply with a directive of a traffic control officer.
(3) Fleeing or evading police in the second degree is a Class A misdemeanor.
If you or someone you care about has been charged with an evading a police officer crime in the second degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
Resisting Arrest
Similar to evading and fleeing police, a lack of compliance when being arrested, is a crime. Physically resisting the police officer or officers involved in the orders for your arrest, and although there is only one degree in this charge, it is a serious charge that will be added on top of whatever charges you might already have in your case.
Criminal Escape Charges
(1) A person is guilty of attempting to escape from the penitentiary when he:
(a) Conceals himself within the walls of the penitentiary; or
(b) Attempts to scale the enclosure surrounding the penitentiary; or
(c) Flees from whatever bounds he may be assigned, whether under guard or as a trusty; or
(d) Escapes from a locked cell, dormitory, hospital or other lockup in the penitentiary; or
(e) Escapes from one part of the penitentiary to another; or
(f) Does any other act in furtherance of an escape from the penitentiary; or
(g) Does any act or omission constituting criminal attempt under KRS 506.010.
(2) Attempting to escape from the penitentiary is a Class D felony.
(3) No penalty provision of KRS 506.010 shall apply to an offense committed under this section.
If you or someone you care about has been charged with an evading a police officer crime in Kentucky, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of escape in the first degree when he escapes from custody or a detention facility by the use of force or threat of force against another person.
(2) Escape in the first degree is a Class C felony.
If you or someone you care about has been charged with an evading a police officer crime in the first degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of escape in the second degree when he escapes from a detention facility or, being charged with or convicted of a felony, he escapes from custody.
(2) Escape in the second degree is a Class D felony.
If you or someone you care about has been charged with an evading a police officer crime in the second degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of escape in the third degree when he escapes from custody.
(2) Escape in the third degree is a Class B misdemeanor.
If you or someone you care about has been charged with an evading a police officer crime in the third degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
Hindering Prosecution
(1) A person is guilty of hindering prosecution or apprehension in the first degree when, with the intent to hinder the apprehension, prosecution, conviction or punishment of another whom he knows is being sought in connection with the commission of a capital offense or Class A felony, he renders assistance to such person.
(2) Hindering prosecution or apprehension in the first degree is a Class D felony.
If you or someone you care about has been charged with an evading a police officer crime in the first degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of hindering prosecution or apprehension in the second degree when, with the intent to hinder the apprehension, prosecution, conviction or punishment of another who is being sought in connection with the commission of a criminal offense, he renders assistance to such person.
(2) Hindering prosecution or apprehension in the second degree is a Class A misdemeanor.
If you or someone you care about has been charged with an evading a police officer crime in the second degree, contact our reputable criminal defense lawyers or evading a police officer lawyers as soon as possible by calling 859-636-6803.
Contempt and Warrant Charges
Being held in contempt of court means, in Kentucky, that you failed to appear at your trial date. Don’t let this happen to you. Even not being on time is enough to land you in trouble. If you or someone you know is already facing criminal charges, their cases will be even harder to defend if they fail to appear in court, unless they can prove they failed to appear in court due to unforeseen circumstances beyond their control, like an accident, or social unrest that closed the court. You must always alert the court if you want to come to an agreement also for another trial date, and you must have the best criminal defense lawyers as well in order to prevent something like contempt of court from ruining your case and giving you more consequences for your image and your life, no matter how minor your charges are.
If you are held in contempt of court, a warrant for your arrest will be issued.
Penalties in Fleeing and Evading Police Cases
Although the penalties for all crimes, along with fleeing and evading a police officer offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney during the trial, usually the state adheres to the Kentucky Sentencing Guidelines and the Kentucky Revised Statutes for most criminal convictions, as detailed in their individual statute.
Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments. For any of which, it is of utmost importance to work with a reputable evading a police officer lawyer in your area to see to your case.
For any of which, it is of utmost importance to work with a reputable evading police lawyer in your area to see to the charges filed against you and evaluation of your entire case overall.
Misdemeanor
In general, a misdemeanor is a crime punishable by less than a year in prison sentence, and may sometimes result in heavy fines involved, probation, or other sentences less harsh and minor than with felonies. The consequences for someone guilty of a crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you would want the best fleeing and evading police attorney you could get. A competent fleeing and evading police defense attorney can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, informing your evading a police officer defense lawyer at the earliest is advised.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).). If this is the case, it is advised for you to share this information with your evading police defense lawyer at the earliest.
It’s difficult facing offenses as serious as this alone, especially since these have long lasting consequences on a person’s life once convicted. Which is why hiring expert evading police defense attorneys with adept insights and resources is essential. It’s also good advice to hire evading police lawyers who pay close attention to create a great working attorney client relationship with the people and cases they take on. Experienced evading police attorneys will know what to expect including the best way to protect your rights, or avoid a conviction altogether.
You need an experienced criminal defense lawyer that specializes in evading a police officer defense
All of our criminal evading police attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of evading police charges and evading police defenses as well as other practice areas. We value the best interest of every client above all. When it comes to evading police offenses, you need evading police attorneys who will fight for your constitutional rights, and go through every detail of your case, no matter the type of offense, and dive into evidence using all of our insights and resources.
Free Consultation & Case Review from our experienced evading a police officer lawyers
At CIR Legal, our evading police attorney’s evading a police officer defense services include offering free consultation and case review to potential clients or otherwise. Our evading a police officer attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation be it pm or am.
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We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.
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