Is evading arrest a felony?

Evading arrest, also called fleeing or eluding, means running or driving away from an officer who is trying to stop, detain or arrest you. Some states cover any kind of flight, and many cover only people driving a vehicle.^{1,2,3,4,5,6,7,8,9}

Texas covers intentionally fleeing from a person the actor knows is a peace officer attempting lawfully to arrest or detain, and Virginia covers a driver who, after a signal to stop, tries to escape or elude the officer on foot, in the vehicle or by other means. Florida, Pennsylvania, Illinois, Ohio, California, New York and North Carolina cover fleeing while driving or operating a vehicle. Resisting arrest by force is a different charge and is covered on our resisting arrest page.

Among the fleeing laws checked, only those in Texas and Virginia cover running away on foot, and a first offense on foot with no one hurt is a misdemeanor under both. Texas makes evading arrest or detention a Class A misdemeanor, and Virginia makes it a Class 2 misdemeanor for a driver who has been signaled to stop to try to escape or elude the officer, including on foot.^1,2,3,10

In Texas, the offense stays a Class A misdemeanor unless the person has a prior conviction under the law, uses a vehicle, someone is seriously hurt or killed, or another listed situation applies. Florida's fleeing-and-eluding law applies only to vehicle operators. Its separate law on resisting, obstructing or opposing an officer without violence is a first-degree misdemeanor; see our resisting arrest page.

In several states, fleeing in a vehicle starts as a misdemeanor and becomes a felony only with an added factor. New York, Illinois, Pennsylvania, North Carolina, California and Georgia all start there.^4,5,7,8,9,11

New York makes it a class A misdemeanor to flee a police officer by driving 25 mph or more over the speed limit or recklessly after being directed to stop. Illinois makes it a Class A misdemeanor, Pennsylvania a second-degree misdemeanor, and North Carolina a Class 1 misdemeanor. California makes it a misdemeanor punishable by up to one year in county jail. Georgia calls a first, second or third conviction a high and aggravated misdemeanor.

Fleeing in a vehicle is a felony from the first offense in some states. Florida makes it a third-degree felony, Ohio a fourth-degree felony, and Texas a third-degree felony.^{1,3,6,12,13,14}

Ohio raises it to a third-degree felony if the person was fleeing immediately after committing a felony, or if the driving caused, or created a substantial risk of, serious physical harm to people or property. Texas's section 38.04 is still printed with two versions of subsection (b) from three 2011 bills, one of which makes first-time vehicle flight a state jail felony. In 2014 a Texas appeals court held that the version from Senate Bill 1416, which makes using a vehicle a third-degree felony, controls. That bill also had the last legislative vote of the three, on May 27, 2011, which decides conflicts under the Code Construction Act.

Reckless or high-speed driving, or danger to others, during the chase turns fleeing into a felony in states where the basic offense is a misdemeanor. Illinois, North Carolina, Pennsylvania, Georgia and Virginia each list such factors.^{2,4,9,11,15,16}

Illinois makes it a Class 4 felony if the flight is at least 21 mph over the speed limit, causes injury, causes more than $300 in property damage, involves disobeying two or more traffic control devices, or involves hiding or altering the license plate. North Carolina makes it a Class H felony when two or more listed factors are present, such as speeding more than 15 mph over, reckless driving, or driving with a revoked license. Pennsylvania makes it a third-degree felony if the driver commits a DUI violation, crosses a state line, or endangers an officer or the public in a high-speed chase. Georgia makes it a felony if the driver goes more than 20 mph over the limit, strikes a vehicle or pedestrian, or flees in traffic in a way that puts the public at risk of serious injury. Virginia makes it a Class 6 felony to disregard the signal so as to interfere with or endanger the police vehicle or a person. California punishes willful or wanton disregard for safety by state prison or by six months to one year in county jail.

A chase that causes serious injury or death is graded much higher than the basic offense in many states. Texas, Florida, New York, California, North Carolina and Virginia all have higher grades for harm.^{1,2,3,9,17,18,19}

Texas makes it a third-degree felony if another person suffers serious bodily injury as a direct result of the officer's attempt to apprehend the person, and a second-degree felony if another person dies. New York makes fleeing a class E felony if a police officer or third person suffers serious physical injury, and a class D felony if one is killed. Florida makes fleeing with high speed or wanton disregard for safety, causing serious bodily injury or death, a first-degree felony with a three-year mandatory minimum. California punishes fleeing that causes serious bodily injury by state prison for three, five or seven years, county jail of up to a year, or a fine, and fleeing that causes death by four, six or 10 years in state prison. North Carolina makes it a Class H felony if the flight is the proximate cause of death, or a Class E felony if two or more aggravating factors are also present. Virginia makes it a Class 4 felony if a pursuing officer is killed.

A prior conviction can turn a misdemeanor into a felony. Texas makes evading arrest a state jail felony after a prior conviction under the law. Illinois makes a third or later violation of its basic fleeing law a Class 4 felony. Georgia makes a fourth or later conviction a felony.^1,5,11,15

In Illinois, a first violation of aggravated fleeing is a Class 4 felony, and a second or later violation is a Class 3 felony. In Georgia, a fourth or later conviction within 10 years, measured from the dates of the earlier arrests, carries 12 months to 10 years in prison and a fine of $5,000 to $10,000.

Texas

Texas: Evading arrest or detention is a Class A misdemeanor. It is a state jail felony after a prior conviction under the law, and a third-degree felony if the person uses a vehicle or another person suffers serious bodily injury. It is a second-degree felony if another person dies.^1,12,13

Penal Code § 38.04 covers intentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain. The legislature's site still prints two versions of subsection (b) from 2011. Under one, first-time flight in a vehicle or watercraft is a state jail felony. Under the other, from Senate Bill 1416, using a vehicle is a third-degree felony, as is using a tire deflation device against the officer. The Fort Worth Court of Appeals held in Adetomiwa v. State (2014) that the Senate Bill 1416 version controls. Evading is also a third-degree felony if committed while smuggling people.

Florida

Florida: Willfully refusing to stop a vehicle, or fleeing after stopping, when ordered by an officer is a third-degree felony. Fleeing at high speed or with wanton disregard for safety is a second-degree felony. Causing serious bodily injury or death is a first-degree felony.³

The second-degree and first-degree grades for high-speed or wanton driving apply when the person flees an officer in a marked patrol vehicle with siren and lights activated. Fleeing such a vehicle without those factors is a third-degree felony. Fleeing while leaving the scene of a crash is aggravated fleeing or eluding: a second-degree felony if it causes injury or property damage, and a first-degree felony if it causes serious bodily injury or death. The first-degree felonies carry a three-year mandatory minimum. The court must revoke the driver's license for one to five years. A 2025 amendment (ch. 2025-75) changed only the vehicle-marking wording, not the grades.

California

California: Fleeing a pursuing officer's vehicle while driving is a misdemeanor punishable by up to one year in county jail. If the driving shows willful or wanton disregard for safety, it is punishable by state prison, or by six months to one year in county jail.^7,16,19

Vehicle Code § 2800.1 applies when the officer's vehicle has a lighted red lamp, a siren and distinctive markings, and the officer is in a distinctive uniform. Section 2800.2 counts three or more traffic violations that carry points, or property damage, as willful or wanton disregard. Section 2800.3 sets three, five or seven years in state prison for serious bodily injury, and four, six or 10 years for death.

New York

New York: Unlawful fleeing a police officer in a motor vehicle in the third degree is a class A misdemeanor. In the second degree, when a police officer or third person suffers serious physical injury, it is a class E felony. In the first degree, when one is killed, it is a class D felony.^8,17,18

The third-degree offense covers fleeing by driving at speeds 25 mph or more over the speed limit, or driving recklessly, after being directed to stop by a uniformed officer or marked police vehicle using lights or lights and siren.

Illinois

Illinois: Fleeing or attempting to elude a peace officer while driving is a Class A misdemeanor, and a third or later violation is a Class 4 felony. Aggravated fleeing is a Class 4 felony for a first violation and a Class 3 felony for a second or later one.^5,15

Aggravated fleeing under 625 ILCS 5/11-204.1 applies if the flight is at least 21 mph over the speed limit, causes bodily injury, causes more than $300 in property damage, involves disobeying two or more traffic control devices, or involves hiding or altering the license plate. Section 11-204 requires the Secretary of State to suspend the license, for up to six months on a first conviction and up to 12 months on a second. A conviction for aggravated fleeing leads to license revocation.

Pennsylvania

Pennsylvania: Fleeing or attempting to elude a pursuing police officer while driving is a second-degree misdemeanor. It is a third-degree felony if the driver commits a DUI violation, crosses a state line, or endangers an officer or the public in a high-speed chase.⁴

A driver convicted of the misdemeanor version also pays an additional $500 fine. The law requires a visual and audible signal to stop. It is a defense if the police vehicle was not clearly identifiable, or if the person can show by a preponderance of the evidence that the failure to stop immediately was based on a good-faith concern for personal safety.

Ohio

Ohio: Willfully eluding or fleeing a police officer in a motor vehicle after a signal to stop is a fourth-degree felony. It is a third-degree felony if the person was fleeing immediately after committing a felony, or if the driving caused or risked serious physical harm. Ignoring a traffic officer's order is a first-degree misdemeanor.⁶

A prison term for fleeing in a vehicle must run consecutively to any other prison term. The court must also impose a class two driver's license suspension, and cannot grant limited driving privileges on a suspension imposed for a felony violation. Ohio's section was last amended effective Oct. 24, 2024.

Virginia

Virginia: A driver who gets an officer's signal to stop and drives on in willful and wanton disregard of it, or tries to escape or elude the officer on foot, in the vehicle or by other means, commits a Class 2 misdemeanor. Driving in disregard of the signal in a way that interferes with or endangers the police vehicle or a person is a Class 6 felony.²

It is a Class 4 felony if a pursuing officer is killed as a direct and proximate result of the pursuit. A conviction also brings a driver's license suspension of 30 days to one year, and at least 90 days if the speed exceeded the maximum allowed by 20 mph. The section gives an affirmative defense to a person who reasonably believed they were being pursued by someone other than a law-enforcement officer.

Some states bar the usual ways of keeping a fleeing charge from ending in a conviction. In Florida, no court may suspend, defer or withhold adjudication of guilt or imposition of sentence for any violation of the fleeing or eluding law.^3,11,20

In Georgia, after a felony fleeing conviction, either a fourth or later conviction or one with an aggravating factor such as driving more than 20 mph over the limit, the sentence may not be suspended, probated, deferred or withheld, and the charge may not be reduced to a lesser offense or merged with another offense.