Fleeing and Eluding in Wagoner Oklahoma May Be a Felony

You are speeding and a Wagoner County officer pulls in behind you, flashes his lights, and turns on his siren. You may be tempted to accelerate to try to flee or elude the officer to avoid a speeding ticket. However, fleeing and eluding a peace officer can be a felony charge that may result in both jail time and fines.

If you have been charged with fleeing and eluding a peace officer, contact a Wagoner criminal defense attorney a soon as possible to begin preparing your defense.

Oklahoma Statute Governing Eluding a Peace Officer

The statute that makes fleeing and eluding a police officer illegal is Okla. Stat. tit. 21 §540A. According to the statute, an operator of a motor vehicle who willfully increases the speed of the vehicle or turns off the lights in an attempt to flee or elude a police officer is guilty of a misdemeanor. The crime is punishable by up to a year in jail, a fine of up to $2,000, or both.

A second conviction is punishable by up to a year in jail, a fine of up to $5,000, or both. Because the judge has discretion in deciding how long to send the defendant to jail and how much of a fine to impose (if both), having an experienced Wagoner criminal attorney will give you the best chance of avoiding jail time.

If a person violates the statute by fleeing a police officer in a manner that endangers another person, the charge shall be a felony that is punishable by at least a year in a state penitentiary, a minimum fine of $1,000, or both.

If a person causes an accident resulting in bodily injury to another person while eluding or attempting to elude a police officer, the penalty will be imprisonment in a state correctional institution for at least one year and a fine of not more than $5,000.

Hiring a Wagoner, OK felony attorney should be your first step if you are facing a felony fleeing and eluding charge.

What Elements Must the State Prove in Order for Me to be Found Guilty of Eluding a Police Officer?

In order to be found guilty of fleeing and eluding a police officer, the state must prove beyond a reasonable doubt all four of the following elements:

The defendant was driving a vehicle;
The officer signaled for the defendant to stop by using his lights and sirens;
The officer was in an official police vehicle but the defendant failed to stop; and
The defendant willfully eluded or attempted to elude the police officer by increasing his or her speed, turning off the vehicle lights, or both.

In order to prove that the defendant is guilty of a felony (endangering another person or causing an accident resulting in bodily harm), the state must also prove that while eluding the police officer, the defendant endangered another person or caused an accident that resulted in great bodily injury to another person.

It is a mistake to think that a charge of eluding an officer or attempting to flee from a peace officer is a minor charge. If you are found guilty, you could be facing both jail time and a substantial fine. Consult with a Wagoner criminal attorney who has experience defending these types of cases to protect your rights.