Fleeing & Eluding a Police Officer in Michigan

Fleeing and eluding a police officer is an extremely serious offense in Michigan that often leads to felony charges. This article provides an overview of what constitutes fleeing and eluding, the different degrees of charges, potential defenses, and penalties if convicted.

What is Fleeing and Eluding in Michigan?

Under Michigan law, fleeing and eluding occurs when a driver fails to stop or obey a police officer’s order to pull over their vehicle. This applies whether the officer signals by hand, voice, lights, or siren.

For a fleeing and eluding charge to stick, the officer must have been in uniform and driving an identifiable police vehicle at the time. If those conditions are not met, a driver cannot legally be convicted of fleeing and eluding for failure to stop.

However, even unintentional disregard of a lawful police order can still result in felony charges. Panic and misunderstandings happen but typically do not excuse the offense in court.

Degrees of Fleeing and Eluding Charges

There are four degrees of fleeing and eluding charges in Michigan, ranging from least to most serious:

• Fourth Degree – No accident occurs but the driver attempts to evade police. Punishable by up to 2 years in prison.
• Third Degree – The incident results in a collision or occurs in an area with a speed limit under 35 mph. Punishable by up to 5 years in prison.
• Second Degree – The incident causes serious injury or the driver has prior fleeing and eluding convictions. Punishable by up to 10 years in prison.
• First Degree – The incident results in a death. Punishable by up to 15 years in prison.

Penalties can also include fines up to $5,000 as well as mandatory license suspensions or revocations.

Defenses to Fleeing and Eluding Charges

While fleeing and eluding often leads to additional criminal charges, there are defenses available in some situations:

• The officer was not in uniform or driving an identifiable police vehicle so the order to stop was not necessarily lawful
• It was unsafe to immediately pull over, but the driver stopped as soon as reasonably possible
• Mechanical issues or other circumstances prevented an immediate stop
• The driver did not actually attempt to flee but rather misunderstood or misinterpreted the officer’s instructions

An experienced criminal defense attorney can review the details of your case and determine if any defenses apply to get charges reduced or dismissed.

Penalties if Convicted

The penalties for a fleeing and eluding conviction vary based on the degree charged but commonly include:

• Felony Conviction – All fleeing and eluding charges are felonies in Michigan which results in losing certain rights and privileges.
• Jail or Prison Time – Lengthy incarceration sentences are possible depending on degree and circumstances.
• Fines – Monetary fines up to $5,000 may apply.
• License Suspension or Revocation – Loss of driving privileges is typically mandatory.
• Other Consequences – A felony conviction also prohibits firearm possession and can impact career opportunities, custody rights, housing eligibility, and more.

As you can see, a fleeing and eluding conviction can completely derail a person’s life for many years to come. That’s why securing experienced legal help immediately is critical.

Finding a Fleeing and Eluding Defense Lawyer

If you have been charged with fleeing and eluding in Michigan, getting in touch with a criminal defense lawyer should be your top priority. An attorney can advise you of your rights, analyze any potential defenses, and start building a strategic case right away.

The lawyers at Michigan Defense Law have extensive experience representing clients facing fleeing and eluding allegations. We understand these complex charges and how to aggressively defend your rights at every stage.

Don’t leave your future to chance. Schedule a free case evaluation now by calling (248) 451-2200. The sooner you have expert representation on your side, the better.