Fight Arizona Unlawful Flight Charges – §28-622.01

Arizona Unlawful Flight Lawyer – Tamou Law Group

Facing an unlawful flight charge in Arizona is a serious matter that can lead to harsh legal consequences. Arizona’s criminal laws take fleeing from law enforcement extremely seriously, and being convicted of this crime can result in a felony record, jail time, and substantial fines. To protect your future, it’s crucial to work with an experienced Arizona unlawful flight lawyer who can help you navigate the legal system and build a strong defense.

At Tamou Law Group, our legal team, led by Michael Tamou, is highly skilled in defending clients against unlawful flight charges. With years of experience in Arizona criminal law, we have developed a deep understanding of how to challenge the prosecution’s case and work to get charges reduced or dismissed. If you are facing unlawful flight charges, we are here to provide you with the expert defense you need.

What is Unlawful Flight in Arizona?

Unlawful flight, a vehicular crime, is defined under Arizona Revised Statutes (ARS) § 28-622.01. According to this statute, a person commits unlawful flight when they knowingly flee or attempt to elude a pursuing law enforcement officer who has given a lawful signal to stop. This signal could come from flashing lights, sirens, or a direct command to halt. The key element in unlawful flight cases is the intent of the driver to evade the police.

To be charged with unlawful flight in Arizona, the prosecution must prove that the driver:

• Received a lawful signal from law enforcement to stop, and;
• Knowingly ignored or attempted to evade that signal.

Unlawful flight is not merely a traffic violation; it is classified as a Class 5 felony under Arizona law. This means that the penalties for a conviction can be severe, including significant jail time, fines, and the potential for long-term impacts on your life.  Unlawful flight with an accompanying crime like Driving Under the Influence can lead to additional charges as well.

Penalties for Unlawful Flight in Arizona

Since unlawful flight is classified as a felony, the consequences of a conviction are serious. The penalties for unlawful flight in Arizona include:

• Imprisonment: A Class 5 felony conviction for unlawful flight can result in six months to two years in prison. If aggravating factors are present, such as a prior criminal record or involvement in other criminal activity during the flight, the prison sentence may be longer.

• Fines: In addition to imprisonment, individuals convicted of unlawful flight can face fines of up to $150,000. This does not include additional court fees or restitution that may be required if property damage or injury occurred during the flight.

• Driver’s License Suspension: If convicted, the defendant’s driver’s license may be suspended or revoked, making it difficult to resume normal daily activities such as work or school.

• Probation: In some cases, the court may impose probation in lieu of prison time, but this typically involves strict conditions, such as community service, mandatory driving courses, or electronic monitoring.

The harsh nature of these penalties makes it essential to work with an Arizona unlawful flight lawyer who understands how to navigate the complexities of Arizona’s criminal justice system.

ARS § 28-622.01 – Arizona’s Unlawful Flight Statute Summarized

The legal definition of unlawful flight in Arizona is codified in ARS § 28-622.01, which states:

“A driver of a motor vehicle who willfully flees or attempts to elude a pursuing official law enforcement vehicle that is appropriately marked showing it to be an official law enforcement vehicle and that is either sounding a siren or flashing its lights as required by law is guilty of a class 5 felony.”

This statute makes it clear that unlawful flight charges apply to situations where the driver intentionally attempts to avoid stopping for law enforcement. The key points in the statute include:

1. Willful Fleeing: The driver must have the intent to avoid law enforcement, meaning they made a conscious decision to evade the officer’s command.
2. Pursuing Vehicle: The pursuing law enforcement vehicle must be clearly marked as an official police vehicle and must have its sirens and lights activated.
3. Class 5 Felony: A conviction under this statute results in a felony record, which carries severe legal consequences and can negatively impact a person’s employment, housing, and personal life.

As an experienced Arizona unlawful flight lawyer, Michael Tamou can analyze the facts of your case to determine if the elements required for an unlawful flight charge have been met. In some cases, the prosecution may lack sufficient evidence to prove that the driver acted willfully, providing a potential avenue for a strong defense.

Defending Against Unlawful Flight Charges in Arizona

When you are charged with unlawful flight, it’s critical to explore all possible defense strategies. As a knowledgeable Arizona unlawful flight lawyer, Michael Tamou will work with you to develop a defense that is tailored to your specific situation. Some common defenses in unlawful flight cases include:

1. Lack of Intent: One of the core elements of unlawful flight is that the driver must have knowingly and willfully attempted to evade law enforcement. If we can show that you were unaware of the officer’s signal or that you did not intend to flee, this could significantly weaken the prosecution’s case.

   For example, drivers in a high-stress situation or experiencing a medical emergency may not have realized that law enforcement was signaling them to stop. Additionally, poor visibility or miscommunication could lead to an accidental failure to pull over.

2. Unlawful Signal: If the law enforcement vehicle was not properly marked or did not activate its sirens and lights as required by law, the unlawful flight charge may not hold. The statute requires that the pursuing vehicle be clearly identifiable as a police vehicle and that the officer use lawful signals to initiate the stop.

   In such cases, an Arizona unlawful flight lawyer can challenge the legitimacy of the traffic stop and may be able to get the charges dismissed.

3. Mistaken Identity: In some situations, a driver may be wrongfully identified as the individual fleeing from law enforcement. If there were multiple vehicles on the road, or if it is unclear which driver was involved in the alleged flight, we can argue that law enforcement made a mistake in identifying the person responsible.
4. No Willful Evading: It may also be possible to argue that there was no clear attempt to evade law enforcement. For instance, if the driver pulled over after a brief delay or stopped in a safe location, we can present this as evidence that the driver was not actively trying to flee.

At Tamou Law Group, we understand that each case is unique. We will thoroughly investigate the circumstances surrounding your arrest and challenge any inconsistencies or errors in the prosecution’s case. As a trusted Arizona unlawful flight lawyer, Michael Tamou has successfully defended numerous clients against serious felony charges, and we will work to secure the best possible outcome for you.

The Legal Process for Unlawful Flight Cases in Arizona

If you are facing charges of unlawful flight, it’s important to understand how the legal process will unfold. Here’s a general outline of what to expect:

1. Initial Investigation and Arrest: The process typically begins when law enforcement attempts to stop your vehicle and believes you are fleeing. If they believe you are attempting to elude them, they may arrest you and charge you with unlawful flight.
2. Arraignment: After your arrest, you will have an arraignment in court, where the charges against you will be formally read. At this point, you will need to enter a plea of guilty, not guilty, or no contest. Your Arizona unlawful flight lawyer will advise you on the best course of action based on the facts of your case.
3. Discovery: During the discovery phase, your lawyer will gather evidence from the prosecution, including police reports, dashcam footage, and witness statements. This is a critical stage where your lawyer will look for weaknesses in the prosecution’s case.
4. Pretrial Motions: Your lawyer may file pretrial motions to challenge the admissibility of evidence or to seek a dismissal of the charges. For example, if the traffic stop was unlawful or if evidence was obtained improperly, your Arizona unlawful flight lawyer will seek to have that evidence suppressed.
5. Plea Bargaining or Trial: In some cases, it may be possible to negotiate a plea deal with the prosecution. This could result in a reduction of charges or penalties. If a plea deal is not in your best interest, the case will proceed to trial, where your lawyer will present your defense and challenge the prosecution’s evidence.
6. Sentencing: If you are convicted, the court will determine your sentence. As a felony offense, the penalties for unlawful flight can be severe, but a skilled Arizona unlawful flight lawyer can present mitigating factors to reduce the sentence you receive.

Having a knowledgeable lawyer to guide you through this process is essential. At Tamou Law Group, we are committed to providing aggressive and strategic representation for our clients, and we will fight to protect your rights every step of the way.

Why You Need an Arizona Unlawful Flight Lawyer

Unlawful flight is not just a minor traffic offense; it’s a felony charge that can have serious repercussions for your future. A conviction can result in jail time, loss of driving privileges, and a permanent criminal record that can impact your employment, housing, and other opportunities. That’s why it’s critical to work with an experienced Arizona unlawful flight lawyer who can help you avoid these consequences.

At Tamou Law Group, we have the knowledge and experience needed to defend against unlawful flight charges. Here’s why choosing us can make all the difference in your case:

1. Extensive Legal Knowledge: Michael Tamou has a deep understanding of Arizona’s criminal laws, including the specific statutes governing unlawful flight. Our team stays up to date on any changes to the law and how they may affect your case.
2. Thorough Investigation: We will conduct a thorough investigation of your case, gathering all relevant evidence and reviewing the prosecution’s case for any weaknesses. We will identify any errors made by law enforcement and use them to your advantage.
3. Experienced Negotiators: If it is in your best interest, we will negotiate with the prosecution to reduce your charges or seek a favorable plea deal. However, if a plea deal is not appropriate for your situation, we are fully prepared to take your case to trial and fight for an acquittal.
4. Personalized Defense Strategy: Every case is different, and we believe in providing personalized defense strategies for each client. We will work closely with you to understand your situation and develop a defense plan tailored to your needs.

Conclusion: Protect Your Future with an Arizona Unlawful Flight Lawyer

If you are facing unlawful flight charges in Arizona, don’t wait to get the legal help you need. The penalties are severe, but with the right defense strategy, you can fight these charges and avoid the worst consequences. At Tamou Law Group, we are committed to protecting your rights and providing you with the strongest defense possible.

Contact Tamou Law Group today at 623-321-4699 for a free consultation with a top Arizona unlawful flight lawyer. Let us help you navigate this challenging legal situation and work toward a positive resolution for your case.