Kentucky has various degrees of fleeing from an officer under the criminal code. It can be charged as either a felony or a misdemeanor charge. A class A misdemeanor is punishable by up to 12 months in jail, $500 fine or both. A class D felony is much more serious as it carries 1-5 years in prison as well as a permanent record of the felony in most cases. In this blog, I will consentrate on the mroe seriouse felony charge of Fleeing or evading police in the first degree under KRS 520.095.
The statute defines Felony Fleeing under KRS 520.095 as as Class D Felony as follows:
(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:
1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720;
2. The person is driving under the influence of alcohol or any other substance or combination of substances in violation of KRS 189A.010;
3. The person is driving while his or her driver’s license is suspended for violating KRS 189A.010; or
4. 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
(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:
1. The person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720; or
2. 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.
Whether at the arraignment, talking to the prosecutor, at the preliminary hearing or elsewhere, an attorney can be of significant aid when dealing with a felony fleeing charge. The attorney can attempt to negotiate or secure testimony that may be used later to successfully defend the matter. As you can see from the statute, there are a number of elements required to prove felony fleeing. Those include: knowing or wantonly disregarding an officer’s direction to stop as well as one of the other factors. Simply failing to stop in a time the officer deems reasonable while driving drunk is insufficient.
If you have been charged with either misdemeanor or felony fleeing, you should contact an attorney at the earliest opportunity. For a consultation, contact Michael W. Bouldin at 859-581-6453 or email at firstname.lastname@example.org