What are the Consequences of Running From the Cops?

Running from the cops, known as evading or resisting arrest, is a serious offense under Tennessee law. The Tennessee Code defines evading arrest as intentionally concealing yourself or fleeing from a police officer in a motor vehicle during an arrest. If you know that law enforcement is attempting to arrest you and are attempting to escape, this also qualifies as evading arrest. Depending on the circumstances, evading arrest may be charged as either a misdemeanor or a felony offense.

If you have recently been accused of running from the cops, your first call should be to our Nashville criminal defense lawyers.

Examples of Evading Arrest

The following scenarios would qualify as evading arrest under Tennessee law:

• Speeding away after being pulled over by law enforcement
• Ignoring a police officer’s signal to pull over (such as blue flashing lights or sirens)
• Running away after a police officer tells you to “stop.”
• Hiding in a building to avoid being spotted by a police officer
• Jumping out of a window to avoid an arrest
• Jumping out of a moving vehicle during a high-speed chase

Penalties for Running From the Police in Nashville

The charges for evading arrest will depend on the specifics of your situation, in accordance with TN Code §39-16-603.

If You Attempt to Flee the Police

If you attempt to flee the police knowing that you are about to be arrested or having been arrested, this is a Class A misdemeanor. If found guilty, you could be sentenced to up to 11 months, 29 days in prison, or fined $2,500.

If You Attempt to Flee the Police After an Officer Signals For You to Stop

If you attempt to outrun a police officer after being signaled to come to a stop, this is a Class E felony. If convicted, you may be imprisoned for up to six years (mandatory minimum confinement of 30 days) and potentially fined $3,000.

If Your Attempt to Flee Creates a Risk of Death or Injury

If your attempt to flee the police creates a risk of death or injury to the pursuing police officers, innocent bystanders, or a third party, you will be charged with a Class D felony. If found guilty, you may be sentenced to 12 years in prison (mandatory minimum confinement of 60 days) and potentially fined $5,000.

If Your Attempt to Flee Results in a Police Officer Sustaining Serious Bodily Injury

If your attempt to flee following an arrest or in the course of an arrest results in a police officer suffering serious bodily injury, this is a Class C felony. If convicted, you may be imprisoned up to 15 years (mandatory minimum confinement of three years) and potentially fined $10,000.

If Your Attempt to Flee Results in the Death of a Police Officer

If your attempt to evade law enforcement results in a police officer’s death, you will be charged with a Class A felony. If found guilty, you may be sentenced to up to 60 years in prison (mandatory minimum confinement of 15 years) and fined up to $50,000.

Defenses that Target Specific Intent

While limited defenses are available when evading the police, any defense that eliminates or weakens criminal intent can help to mitigate your culpability. One such defense is claiming that you did not understand the police officer’s signal to pull over. This defense removes the required intent needed to be found guilty of the offense. If you did not know the officer was intending to pull you over, you could not be evading law enforcement.

Another defense that would make you incapable of intentionally fleeing from a police officer is if you were intoxicated at the time. Since intoxication impairs a person’s reasoning skills and cognitive abilities, you cannot be charged with a specific intent crime (such as evading the police) if you were drunk. Of course, the availability of evidence will determine which defense works most in your favor.

Speak with a Nashville Criminal Defense Attorney Today

If you have been charged with evading the police in Tennessee, you need to work with our experienced and capable Nashville criminal defense lawyers. At Andrew C. Beasley, PLLC, our legal team is prepared to develop the strongest defense to help you spend as little time as possible behind bars. If you are interested in learning more about our legal strategies, contact us online or by phone at (615) 846-9889 to arrange a free consultation.