Trying to avoid a police officer in Kentucky can result in more than just a traffic ticket. In many cases, it’s treated as a criminal offense that carries serious penalties, including jail time. Failing to comply with law enforcement orders can make the situation far worse, so it’s important to understand what you can and cannot do legally speaking. 

Continue reading this blog post to learn more about what the law says about these situations and what options you have if you’re facing charges.

What the Law Says About Evading Police in Kentucky

In Kentucky, the crime of fleeing or evading police is outlined in KRS § 520.095 and § 520.100. These laws apply to anyone who knowingly tries to avoid or run away from law enforcement when they have been instructed to stop.

There are two main degrees of this offense:

  • Fleeing or evading police in the first degree (KRS § 520.095): This is the more serious charge. It usually applies when someone flees by car or creates a substantial risk of injury to the officer or others. It’s often classified as a Class C felony.
  • Fleeing or evading police in the second degree (KRS § 520.100): This charge applies when someone flees on foot or refuses to stop without creating a serious danger. It’s typically a Class D felony offense.

You don’t need to drive at high speeds or cause chaos to be charged. Simply ignoring police commands or attempting to escape can qualify as evasion under the law.

Potential Penalties for Avoiding Law Enforcement

The penalties for avoiding or fleeing from police in Kentucky can vary based on how the incident happened and whether anyone was put in danger. Here’s a general idea of what you could face:

  • Class C felony (first-degree evasion): Between 5 and 10 years in prison and a fine of up to $10,000.
  • Class D felony (second-degree evasion): Between 1 and 5 years in prison, plus a fine of up to $10,000.

In addition to these criminal penalties, the court might also suspend your driver’s license. If someone gets hurt as a result of the evasion, or if property is damaged, you could be charged with additional crimes and face even more severe punishment.

Collateral Consequences of Avoiding Law Enforcement

Getting convicted of fleeing the police can affect your life in more ways than just jail time or a fine. A criminal record can make it harder to do things like:

  • Find employment
  • Secure housing
  • Get professional licenses

These “collateral consequences” can follow you long after the case is over. This is why many people who face these types of charges choose to work with an experienced criminal defense attorney.

There are situations where someone might be accused of evading police unfairly or due to a misunderstanding. A few defenses that could apply include:

  • Lack of criminal intent: If you didn’t realize the officer was instructing you to stop, you might not be guilty under the law.
  • Fear or confusion: In some cases, a person might panic, especially if they’ve never had a police encounter before.
  • Mistaken identity: You may have been wrongly identified as the person who tried to run.
  • No lawful order: If the officer wasn’t in uniform or didn’t clearly identify themselves, you may have had no reason to stop.

Each case will have a unique defense strategy, and your attorney can help build the best possible response based on the facts.

Contact a Criminal Defense Lawyer for Help if You’re Facing Charges

Avoiding the police in Kentucky is a serious offense that can lead to jail time, steep fines, and long-term consequences. However, just because you’ve been charged doesn’t mean you’re out of options.

An experienced defense attorney can protect your rights and represent you throughout the entire legal process, working to have your charges reduced or dismissed if possible. Contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation with a criminal defense lawyer

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507

(859) 569-4014