Evading arrest, also referred to as “fleeing” or “failure to stop for law enforcement,” is a criminal offense in Utah. This charge occurs when an individual intentionally avoids or evades a lawful attempt by police officers to detain or question them. Evading arrest can involve actions like running on foot or fleeing in a vehicle.
Under Utah law, evading arrest is taken seriously and can lead to significant legal consequences, especially if the act of fleeing endangers others or involves a motor vehicle.
Salt Lake City Lawyer for Evading Arrest
You can be charged with evading arrest in a variety of situations, such as walking away from an officer while he or she gives commands or fleeing from an arrest in a car.
Susanne Gustin, Attorney at Law, is a skilled defense attorney with decades of experience defending clients against serious criminal charges. If you are facing evading arrest charges, contact Susanne Gustin at 801-243-2814 for knowledgeable legal support. Susanne Gustin serves clients in Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
Information Center for Evading Arrest in Utah
- What is Evading Arrest?
- Penalties for Evading Arrest
- Defenses Against Evading Arrest
- Additional Resources
What is Evading Arrest in Utah?
Evading arrest is governed by Utah Code §76-8-305.5. The offense applies when an individual knowingly attempts to avoid apprehension, detention, or questioning by a peace officer who is performing their lawful duties. Utah Code §76-8-305.5 states as follows:
An actor commits failure to stop at the command of a peace officer if, after the peace officer has issued a verbal or visual command to stop, the actor flees from or otherwise attempts to elude a peace officer:
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for the purpose of avoiding arrest; and
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by any means other than a violation of Section 41-6a-210 regarding failure to stop a vehicle at the command of a law enforcement officer.
Here are some common examples of evading arrest:
- Fleeing on Foot: Running from an officer after being told to stop.
- Vehicle Pursuit: Attempting to outrun police in a car or motorcycle.
- Hiding or Concealing Identity: Refusing to identify oneself or hiding to avoid being located by law enforcement.
- Refusing Commands: Ignoring clear commands to comply, such as failing to pull over during a traffic stop.
Penalties for Evading Arrest in Utah
The penalties for evading arrest depend on the circumstances of the offense, including whether it was committed on foot or in a vehicle, and whether the act endangered others.
Evading Arrest
- Class A Misdemeanor
- Up to 1 year in jail and
- Fines up to $2,500.
Evading Arrest with substantial risk of injury or death to others
- Third-Degree Felony
- Up to 5 years in prison and
- Fines up to $5,000.
Evading Arrest results in serious injury or death.
- Second-Degree Felony:
- Up to 15 years in prison and
- Fines up to $10,000.
Additional Consequences
In addition to criminal penalties, those convicted of evading arrest may face:
- Driver’s License Suspension: Fleeing in a vehicle can result in the suspension or revocation of a driver’s license.
- Restitution: If the act caused property damage or harm, restitution to victims may be required.
- Permanent Criminal Record: A conviction can impact future employment, housing, and educational opportunities.
Defenses Against Evading Arrest Charges
There are several defenses that may apply to evading arrest charges in Utah, depending on the circumstances:
Lack of Knowledge: The individual may argue they were unaware that law enforcement was attempting to arrest or detain them, especially if the officer was not clearly identifiable.
Mistaken Identity: The defendant may argue that they were not the person who fled or that the officer pursued the wrong individual.
No Intent to Evade: The individual may claim they did not intentionally flee, such as in cases of confusion or misunderstanding.
Additional Resources
- Utah Code §76-8-305.5: This statute defines evading arrest in Utah as an individual knowingly attempts to avoid apprehension, detention, or questioning by a peace officer who is performing their lawful duties.
- Traffic Crimes in Utah: If evading arrest in a vehicle, you can also be charged with a traffic crime, such as reckless driving. Read more on traffic crimes in Utah here and what to do if you are charged with one.
Hire a Lawyer for Evading Arrest in Salt Lake County
If you are facing charges for evading arrest in Utah, it’s essential to consult with an experienced criminal defense attorney.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against criminal charges, including evading arrest. She provides skilled legal representation tailored to your unique situation.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients throughout Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
