Carl Barkemeyer is an aggravated flight defense lawyer in Livingston Parish, Louisiana. The criminal charge of aggravated flight in Louisiana is taken very seriously. It is a felony offense that carries a mandatory minimum sentence of six months in prison on the first offense. Therefore, this charge requires serious representation to adequately defend.
Mr. Barkemeyer has defended many clients charged with Flight from an Officer in Louisiana. He will protect your rights to ensure you obtain the best possible results in your case. The prosecutor in these types of cases generally count on witnesses to help prove the case. Carl Barkemeyer is skilled at cross-examining prosecution witnesses. He realizes that things are not always as they appear to the witness. He will use his experience and knowledge to help you develop the best case strategy.
The Louisiana criminal charge of Flight from an Officer occurs when the driver of a motor vehicle or operator of a watercraft shall intentionally refuses to bring a vehicle or watercraft to a stop knowing that he has been given a visual and audible signal to stop by a police officer when the officer has reasonable grounds to believe that the driver has committed an offense. The signal shall be given by an emergency light and a siren on a vehicle marked as a police vehicle or marked police watercraft.
Likewise, in other terms:
● Intentionally refusing to stop
● Knows he/she has been given an audible and visual command
● Officers reasonably believes driver committed offense
● Police marked vehicle
The common example of Flight from an Officer is when a police officer attempts to make a traffic stop because he believed the driver has committed an offense, whether it be speeding, improper lane usage, or any other type of traffic violation or crime. The police officer then notifies the driver with his emergency lights and sirens. However, the driver intentionally refuses to stop after receiving the notice.
What Makes Flight from an Officer “Aggravated?”
Flight from an officer becomes “aggravated flight” when human life is endangered, which carries much stricter punishments as well.
When is Human Life Endangered
The statute indicates human life is endangered if any of the following two acts occur:
● -Leaves the roadway or forces another vehicle to leave the roadway.
● -Collides with another vehicle or watercraft.
● -Exceeds the posted speed limit by at least twenty-five miles per hour.
● -Travels against the flow of traffic or in the case of watercraft, operates the watercraft in a careless manner in violation of R.S. 34:851.4 or in a reckless manner in violation of R.S. 14:99.
● -Fails to obey a stop sign or a yield sign.
● -Fails to obey a traffic control signal device
Many of the times, what leads to a (aggravated) flight include one or many of the following:
● No license, insurance, registration
● Stolen vehicle
● Lead to new charges
Flight from an Officer in Baton Rouge and throughout Louisiana is a misdemeanor charge punishable by imprisonment for up to six months and/or a fine of $150-500. Flight from an Officer becomes a felony charge of Aggravated Flight From an Officer when human life is endangered.
Aggravated Flight From an Officer in Louisiana is a felony charge. Prosecutors take this charge very seriously because it is potentially very dangerous and destructive conduct that supports the charge. Also, the witness is usually the police officer who initiated the stop and chased the defendant. The police officer will likely have a lot to say to the prosecutor that may invoke tougher prosecution.
● Up to 5 years of imprisonment
● Fine $2000
● Restitution for damages
If serious bodily injury occurs during an aggravated flight, felony charge can be up to 10 years in prison. Whoever commits the crime of aggravated flight from an officer that results in serious bodily injury shall be imprisoned at hard labor for not more than ten years and may be fined not more than two thousand dollars.
For purposes of this Section, “serious bodily injury” means bodily injury in that involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
The sentencing range is imprisonment for up to 5 years and/or a fine of no more than $2000. If serious bodily injury occurs, the charge carries up to 10 years in prison. In addition, the defendant must pay restitution for any damage he may have caused while fleeing.
Mr. Barkemeyer is an Aggravated Flight From an Officer defense attorney in Livingston Parish, Louisiana. He has represented clients with this charge in many parishes throughout Louisiana. There are many ways to approach these types of charges. Many times, the client has a clean record and has made an embarrassing mistake. The client could have a job and personal life he needs to protect. We know how to help our clients to protect his record and personal life. Feel free to contact us if you need a criminal defense lawyer for a Flight from an Officer charge in Louisiana. We have represented clients charged with this in many areas of Louisiana including, Baton Rouge, Livingston, Denham Springs, Tangipahoa, Covington, Ascension, and New Orleans.
If you or someone you know has been charged with Aggravated Flight From an Officer in Livingston Parish or anywhere else in Louisiana, contact us at 225-964-6720.