Fleeing or evading police in Kentucky can now carry felony consequences in circumstances that previously carried a misdemeanor charge. Kentucky lawmakers increased the penalty for second-degree fleeing or evading police from a Class A misdemeanor to a Class D felony in 2024.
That change substantially raises the stakes for someone accused of refusing to stop a vehicle for police. A conviction can mean prison time and restrictions on when a person may become eligible for release.
At John Caudill Attorney at Law, we defend individuals throughout Kentucky against serious criminal charges. As a former federal prosecutor, John Caudill understands how prosecutors build cases and how the circumstances surrounding an alleged attempt to flee must be carefully examined.
When Can Fleeing or Evading Police Become a Class D Felony?
Under Kentucky Revised Statute (KRS) 520.100, second-degree fleeing or evading police can occur when someone operating a motor vehicle, with the intent to elude or flee, knowingly or wantonly disobeys a recognized direction to stop given by someone the driver recognizes as a peace officer.
This means the allegation involves more than a driver failing to pull over immediately. Intent can become an important issue.
Depending on the circumstances, questions may arise about whether the driver:
- Recognized that a police officer was directing them to stop.
- Saw or heard the officer’s signal.
- Was attempting to locate a safe place to stop.
- Actually intended to evade law enforcement.
- Understood that the police were attempting to stop their vehicle.
The details leading up to and during the alleged incident can therefore become significant to the defense.
What Are the Penalties for a Class D Felony in Kentucky?
A Class D felony in Kentucky generally carries one to five years of imprisonment.
Fleeing or evading police in the second degree carries an additional consequence. Under the current statute, a defendant convicted of the offense cannot be released on probation, shock probation, conditional discharge, or parole until they have served at least 50% of the imposed sentence.
That requirement makes the charge considerably more serious than the felony classification might suggest.
First-Degree Fleeing or Evading Is Even More Serious
The circumstances surrounding an alleged pursuit can also determine whether prosecutors pursue a more serious charge.
First-degree fleeing or evading police involving a motor vehicle may be charged when the basic elements of fleeing are accompanied by specified circumstances, including driving under the influence, fleeing immediately after an act of domestic violence, driving with a license suspended for a driving under the influence violation, or causing or creating a substantial risk of serious physical injury or death to a person or property.
First-degree fleeing or evading police is now a Class C felony, rather than a Class D felony, and also carries the 50% service requirement.
Evidence From the Alleged Pursuit Matters
A fleeing or evading charge may depend heavily on evidence showing what actually occurred.
Police dashcam and body-camera recordings, emergency lights and siren activation, dispatch records, witness statements, traffic conditions, vehicle location data, and the driver’s actions may all help establish or challenge the prosecution’s version of events.
A defense attorney can also examine whether the evidence actually establishes the required intent rather than assuming that any delayed stop amounts to felony fleeing.
Contact John Caudill, Attorney at Law
A Kentucky fleeing or evading charge can now carry consequences that extend well beyond a traffic-related encounter with police. When a Class D felony conviction can result in years of imprisonment and significant restrictions on early release, the facts behind the allegation deserve scrutiny.
John Caudill has decades of experience defending clients against serious Kentucky and federal criminal charges, including years as a former federal prosecutor. If you have been charged with fleeing or evading police in Kentucky, call John Caudill, Attorney at Law, at (270) 925-0447 or contact us online for a confidential consultation.
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