Aggravated eluding, often referred to as aggravated fleeing and eluding, is a serious criminal offense that occurs when an individual attempts to avoid apprehension by law enforcement under circumstances that escalate the danger or deceit involved. Unlike basic fleeing or eluding, which might be a misdemeanor, aggravated eluding is typically charged as a felony due to specific aggravating factors that indicate a higher level of recklessness, disregard for public safety, or an intentional effort to obstruct justice.
Key Factors that Constitute Aggravated Eluding
An attempt to flee or elude law enforcement becomes "aggravated" when one or more of the following conditions are met during the incident:
- Significant Property Damage: The accused causes property damage in excess of $300. This could include damage to another vehicle, public infrastructure, or private property resulting from the pursuit.
- Disregard for Traffic Control Devices: The accused disregards two or more traffic control devices. This means failing to obey multiple stop signs, driving through two or more red lights, or ignoring other regulated traffic signals.
- Concealment or Alteration of Registration Plate: The accused actively conceals or alters the vehicle's registration plate to prevent identification. An example would be draping an object over the license plate to obscure its readability.
These elements transform a less severe charge into a more serious one, reflecting the increased risk posed to the public and the enhanced intent to evade legal consequences. Consequences for aggravated eluding are considerably more severe than for simple fleeing, often including longer prison sentences and higher fines due to its felony classification.
