EVADING ARREST OR DETENTION ON FOOT IN PENNSYLVANIA

In 2015, a Scranton police officer died from injuries sustained while chasing three armed robbery suspects on foot. In response, the Pennsylvania legislature approved Senate Bill 814, creating the offense of Evading Arrest or Detention on foot. The bill was adopted on July 18, 2022, and became active law 60 days later on September 18, 2022.

Previously, a person could only be charged with Fleeing and Eluding if they fled from police in a vehicle, or Resisting Arrest if they engaged in a physical struggle with police that required substantial force to overcome the resistance. A person who simply ran on foot without actively resisting arrest would only be charged with Flight to Avoid Apprehension if they were facing a pending felony or misdemeanor case at the time, and there is no enhanced grading for this charge if police officers are injured during a foot pursuit.

Evading Arrest or Detention on Foot Defined

Evading Arrest or Detention can be found at Title 18 Section 5104.2 of the Pennsylvania Crimes Code. A person commits this offense if he or she knowingly and intentionally flees on foot from a public servant attempting to lawfully arrest or detain that person.

Evading Arrest Grading and Penalties

The severity of an Evading Arrest offense depends upon the circumstances of the person’s underlying criminal charges and whether or not police officers or other individuals were injured during the incident. The gradings are as follows:

  • 2nd Degree Felony: Punishable by up to 10 years in jail along with possible fines of $5,000-$25,000 if the person flees or attempts to evade arrest or detention for an underlying offense that is a felony or misdemeanor and another person suffers death as a direct result of the violation.

  • 3rd Degree Felony: Punishable by up to 7 years in jail along with possible fines of $2,500-$15,000 if the person flees or attempts to evade arrest or detention for an underlying offense that is a felony or misdemeanor and another person suffers serious bodily injury as a direct result of the violation.

  • 2nd Degree Misdemeanor: Punishable by up to 5 years in jail along with possible fines of $500-$5,000, if the person flees or attempts to evade arrest or detention for an underlying offense that constitutes a felony or misdemeanor.

  • Summary Offense: Punishable by up to 90 days in jail if the underlying offense is a summary offense.

Possible Defenses to Evading Arrest or Detention on Foot Charges

The Evading Arrest and Detention statute seeks to punish those who run away from police officers during a traffic stop or investigation. As this offense is brand new, there is currently no Standard Jury Instruction or case law interpreting the statute. However, in reading the plain language of the statute, there may be defenses to this charge as follows:

  • Criminal Intent: The Commonwealth must prove that you knowingly and intentionally fled on foot from a police officer seeking to detain or arrest you. To do so, the Commonwealth must prove that you knew that you were being detained or arrested at the time you fled. In analyzing this element, we look to whether or not the police told the suspect that he or she was being arrested or detained in connection with an incident.

  • Knowledge of Underlying Case: Can the Commonwealth prove that you knew that you knew that the offense you were being arrested for or charged with was a felony or misdemeanor?

  • Serious Bodily Injury: Do the injuries sustained during the incident rise to the level of Serious Bodily Injury under the law, or in other words, is there a long-term loss or impairment of the function of a body part or organ, or serious permanent disfigurement?

  • Injury or Death as Direct Result of Incident: Can the Commonwealth prove that the injuries sustained by another person during the incident occurred as the direct result of the incident, or by some other intervening factor?

Charged with Evading Arrest or Detention on Foot in Western Pennsylvania? Call the Zuckerman Law Firm LLC today.

As it is a fairly common occurrence for people to run from police, we anticipate that thousands of individuals will be charged with Evading Arrest or Detention on Foot moving forward. Our firm has represented numerous individuals charged with Fleeing and Eluding and Resisting Arrest in the past, and that experience lends well to representing those charged with Evading Arrest or Detention. If you are charged with this offense in Western Pennsylvania, call the Zuckerman Law Firm at 412-447-5580 for a free consultation.