Understanding ARS Felony Flight: ARS 28-622.01

Q: Is there a difference between fleeing from a marked and an unmarked police car?

Yes. Arizona law treats marked and unmarked police vehicles differently. For marked police vehicles, the prosecution must prove the vehicle was clearly marked and that emergency lights and sirens were activated during the pursuit. For unmarked police vehicles, the State must prove that you knew or reasonably should have known the pursuing vehicle was law enforcement. This usually requires additional evidence showing you recognized the vehicle as police. If a chase involved an unmarked vehicle and there is no reliable evidence of that knowledge, it may support a defense to a felony flight charge.

Q: How long will my driver's license be revoked if I'm convicted of ARS felony flight?

If you are convicted of felony flight under ARS 28-622.01, your driver's license can be revoked for up to one year. Revocation means the license is fully canceled. After the revocation period ends, you must apply for a new license rather than simply having the old one reinstated.

Q: What is the statute of limitations for ARS felony flight?

In Arizona, prosecutors have seven years to file criminal charges for felony flight. If more than seven years have passed since the alleged incident, the State is generally prohibited from bringing charges.

Q: How do I find the right lawyer for my case?

To find the right lawyer, schedule consultations, confirm the attorney is licensed and in good standing with the bar, research their experience and practice focus, review client feedback, consult other professionals about their reputation, and choose someone you feel confident and comfortable working with.

Facing felony flight charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information about the charge and the possible penalties, helping you understand each step of the process.

This guide explains what you need to know about felony flight under ARS 28-622.01. It breaks down the law in plain language, explains the key legal terms, and shows you what sentencing could look like if you are convicted. It also answers common questions people ask when facing these charges.

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense attorney. If you are charged with ARS felony flight, let Lawyer Listed match you with your ideal criminal defense lawyer as soon as possible.

What is ARS Felony Flight?

Felony flight, also called unlawful flight from a pursuing law enforcement vehicle, occurs when a driver willfully flees or attempts to evade a pursuing law enforcement vehicle. A pursuing law enforcement vehicle is either (1) a marked police car with lights and sirens on, or (2) an unmarked police car that the driver admits to knowing or there is evidence showing the driver knew it was an official law enforcement vehicle.

Elements of Felony Flight

To convict you of felony flight, the prosecution must prove three elements beyond a reasonable doubt:

You were driving a motor vehicle.
While driving the motor vehicle, you willfully fled from or attempted to elude a pursuing official law enforcement vehicle.
The law enforcement vehicle was appropriately marked, showing it was an official law enforcement vehicle.

Key Concepts of ARS Felony Flight

Willfully: You are aware of your actions or the circumstances that make up the offense. Willfully does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
Motor Vehicle: A self‑propelled device used to carry people or property on a public road. Motor vehicles do not include electric bicycles, electric miniature scooters, electric standup scooters, or motorized skateboards.

Arizona Statute of Limitations for ARS Felony Flight

The statute of limitations is the deadline for filing criminal charges after an alleged offense. For felony flight, prosecutors generally have up to seven years from the date of the alleged offense to bring charges.

Sentencing for Arizona Felony Flight

The penalties for ARS felony flight are serious and can have lasting effects. Sentences vary based on your criminal history and the facts of the case. Understanding these consequences helps you make informed decisions about your defense.

Offense	Class	Prison	Probation (max)	License Revocation
Felony Flight	Class 5 felony	6 months – 2.5 years	3 years	Up to 1 year

Frequently Asked Questions (FAQs)

Q: What if I didn’t see the police car?

Q: Is there a difference between fleeing from a marked and an unmarked police car?

Q: How long will my driver's license be revoked if I'm convicted of ARS felony flight?

Q: What is the statute of limitations for ARS felony flight?

Q: How do I find the right lawyer for my case?

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

Definition: Felony flight in Arizona, defined by ARS 28-622.01, occurs when a driver willfully flees from or attempts to evade a pursuing law enforcement vehicle.
Elements of the Crime: To convict you of ARS felony flight, prosecutors must prove beyond a reasonable doubt that you intentionally fled from pursuing police. The vehicle must be properly marked with lights and sirens activated or unmarked with evidence showing you knew it was law enforcement.

Sentencing: ARS felony flight is a Class 5 felony and carries different penalties depending on the risk involved.
- Prison: 6 months to 2.5 years
- Probation: Up to 3 years of probation
- License revocation: Up to 1 year
Statute of limitations: The statute of limitations for felony flight in Arizona is seven years from the date of the offense.

Next Steps:

Felony flight Arizona charges are serious criminal allegations with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.

If you’re facing charges for felony flight under ARS 28-622.01, engaging a skilled criminal defense attorney is important to protect your rights and manage the process. Don’t try to navigate the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense lawyer on your side right away.