If you’re facing this charge, it’s crucial to have an attorney who knows how Greenville County prosecutors and judges handle these cases. This guide explores South Carolina’s laws on failure to stop, the penalties involved, and what a skilled defense can achieve for you.
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Johnathan MWhat is Fleeing Police / Failure to Stop in South Carolina?
According to SC Code Section 56-5-750, it’s illegal for any driver in South Carolina to fail to stop when signaled by a law enforcement vehicle using a siren or flashing light. If you increase speed or take evasive action to avoid a pursuing police car, that’s considered a violation. Essentially, speeding up or swerving away provides a foundation for a legal case against you.
There’s a common defense claiming you didn’t see the lights or hear the siren. However, South Carolina courts may not accept this excuse if road conditions and proximity to the law enforcement vehicle suggest a reasonable person would have noticed the signals. The burden falls on you to demonstrate true mitigating circumstances.
This charge applies to any road, street, or highway in the state. It encompasses everything from Greenville County’s interstates to neighborhood streets in Simpsonville or Mauldin. Importantly, South Carolina law emphasizes that even temporary evasions, where you eventually stop, can result in charges. This underscores the need for immediate and careful compliance when police signals are observed.
Penalties for Fleeing Police in Greenville, SC
The penalties under SC Code 56-5-750 largely depend on the incident’s specifics and any injuries involved.
First offense, no great bodily injury or death: Classified as a misdemeanor, this conviction can result in a fine of at least $500 and a jail term ranging from 90 days to three years. Additionally, your driver’s license will be suspended for a minimum of 30 days.
Second or subsequent offense, no great bodily injury or death: This escalates to a felony, potentially resulting in up to five years in prison and a one-year license suspension from the conviction date.
Causing great bodily injury: This becomes a felony with potential penalties of up to 10 years in prison. Your license is revoked for the full prison term, and any parole or probation period, plus three extra years.
Causing death: This is the most severe charge, carrying up to 25 years in prison, with the same extended license revocation as above.
A high-speed chase adds complexity to the case. South Carolina law defines speeding up or taking evasive actions as a “high-speed pursuit,” leading to an elevated felony charge with a maximum 10-year sentence, even if no injury occurs.
Beyond the obvious penalties, a conviction creates a permanent criminal record, affecting employment, professional licensing, housing applications, and firearm rights if it’s a felony conviction. These repercussions are significant. Additionally, South Carolina’s point system for driving offenses means accumulating points on your license, potentially leading to additional suspensions or higher insurance rates.
How Fleeing Police Cases Are Prosecuted in Greenville County
Greenville County is part of the 13th Judicial Circuit. Felony-level failure-to-stop charges are heard in the Greenville County Court of General Sessions at the Greenville County Courthouse on University Ridge. Misdemeanor charges might be handled in magistrate court based on circumstances.
Prosecutors in Greenville County take these cases seriously. A chase through a residential area or near a school is treated with heightened severity. The Greenville County Solicitor’s Office prepares its case using dashcam and body camera footage, GPS data, 911 dispatch records, and witness statements. The Greenville County Sheriff’s Office and Greenville Police Department thoroughly document these incidents, providing critical information to prosecutors.
Charges can rapidly escalate, sometimes surprising defendants. A routine traffic stop may turn into multiple charges if fleeing is combined with resisting arrest, DUI, or drug possession. Prosecutors may also consider the risk posed to the public during the chase as an aggravating factor, influencing the severity of charges and potential plea offers.
Defense Strategies for Fleeing Police
Being charged with fleeing police doesn’t guarantee conviction. Viable defense strategies are available.
Mitigating circumstances: The statute states the offense applies “in the absence of mitigating circumstances.” If you genuinely did not see or hear the police vehicle, or if you were finding a safe place to stop, these factors matter. Dark roads, malfunctioning emergency lights, medical emergencies, or genuine confusion can all support a mitigation argument.
Challenging vehicle identification: If police identified your vehicle post-chase rather than during, the evidence connecting you to the fleeing driver might be weaker than assumed.
Contesting aggravating factors: The leap from a misdemeanor to a five-year felony often hinges on how the chase is characterized. Prosecutors need to prove you deliberately increased speed or took evasive action; failing that, the “high-speed pursuit” enhancement might not apply.
Negotiated resolution: For some cases, particularly first offenses without injury, negotiating a plea to a lesser charge or entering a diversion program can be more favorable than going to trial. Conditional discharge or pretrial intervention might be options, especially for first-time offenses.
Prior record and circumstances: Judges in Greenville County have discretion within sentencing guidelines. A defense lawyer can highlight mitigating factors, character evidence, and your past to influence the sentencing outcome.
If the initial cause for the stop was a minor traffic violation, that context is crucial. Prosecutors and judges consider the entire scenario, including potential violations of probation conditions, when determining the appropriate charge and sentence.
Why You Need a Fleeing Police Lawyer in Greenville
Some defendants assume a first-offense misdemeanor doesn’t demand rigorous legal aid. This is incorrect. Even a misdemeanor conviction for fleeing police comes with a mandatory 90-day jail sentence, a $500 fine, and a license suspension. Judges cannot sentence below this limit without special statutory permission.
A Greenville criminal defense attorney experienced in the 13th Circuit understands how local prosecutors handle these cases. They discern which details hold weight during plea negotiations and which arguments resonate with local judges. They can review dashcam footage, scrutinize the evidence chain, and identify procedural errors that might be overlooked without courtroom experience.
In cases involving a juvenile, the stakes escalate, as a conviction can affect long-term educational and career opportunities.
A fleeing charge on top of a violent crimes arrest complicates matters and necessitates a coordinated defense strategy. Similarly, facing a failure to appear warrant from a previous case will influence bond and sentencing considerations.
After a conviction, you may qualify for expungement under certain circumstances, but the optimal result is avoiding conviction from the outset. Acting promptly after an arrest is crucial, not after agreeing to a plea.
John Crangle is a Greenville criminal defense attorney focusing in fleeing police and failure-to-stop cases throughout Greenville County and nearby areas. If you or someone you know is facing charges, securing legal assistance promptly expands your options.
Contact John Crangle for a consultation today.