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Old October 6, 2012, 12:33 PM   #134
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 5,013
Quote:
Originally Posted by fullsize only
Did you know that fleeing thd scene of a felony is a felony. . . . .
Did you know that it's not? Here's the Arkansas statute on fleeing:

Quote:
(a) If a person knows that his or her immediate arrest or detention is being attempted by a duly authorized law enforcement officer, it is the lawful duty of the person to refrain from fleeing, either on foot or by means of any vehicle or conveyance.

(b) Fleeing is a separate offense and is not considered a lesser included offense or component offense with relation to other offenses which may occur simultaneously with the fleeing.

(c) Fleeing on foot is considered a Class C misdemeanor, except under the following conditions:
(1) If the defendant has been previously convicted of fleeing on foot anytime within the past one-year period, a subsequent fleeing on foot offense is a Class B misdemeanor;
(2) If property damage occurs as a direct result of the fleeing on foot, the fleeing on foot offense is a Class A misdemeanor; or
(3) If serious physical injury occurs to any person as a direct result of the fleeing on foot, the fleeing on foot offense is a Class D felony.
(d)(1)(A) Fleeing by means of any vehicle or conveyance is considered a Class A misdemeanor.
(B) A person convicted under subdivision (d)(1)(A) of this section shall serve a minimum of two (2) days in jail.
(2) Fleeing by means of any vehicle or conveyance is considered a Class D felony if, under circumstances manifesting extreme indifference to the value of human life, a person purposely operates the vehicle or conveyance in such a manner that creates a substantial danger of death or serious physical injury to another person.
(3) If serious physical injury to any person occurs as a direct result of fleeing by means of any vehicle or conveyance, the fleeing by means of any vehicle or conveyance offense is a Class C felony.
(e) Regardless of the circumstances in subdivisions (c)(1)-(3) of this section, if the defendant is under twenty-one (21) years of age and has not been previously convicted of fleeing, the offense of fleeing is a Class C misdemeanor.

(f) In addition to any other penalty, if the defendant is convicted of violating subsection (d) of this section, the court shall instruct the Office of Driver Services of the Department of Finance and Administration to suspend or revoke the defendant's driver's license for at least six (6) months but not more than one (1) year.

Ark. Code Ann. ยง 5-54-125 (West)
Quote:
Originally Posted by fullsize only
It is left to the discrection of the district attorney, but I dont think a DA got to be a DA by not decaring driving away from a crime you committed a felony.
What, exactly, do you think is left to the prosecuting attorney's discretion? Sometimes, the actions of a defendant can fit into several different crimes, but the PA (Prosecuting Attorney) doesn't get to just "declare" that driving away from a crime is a felony. If the General Assembly had said that it was a felony, it would be up to the PA to decide if the charge could be supported, though.

I'm not picking on you, fullsize only, I'm really not. However, it is beginning to sound like you've been given a lot of bad information about Arkansas law. Here's a link to the Arkansas General Assembly: http://www.arkleg.state.ar.us/assemb...ages/Home.aspx. From there, on the left side of the page, you'll find a link to the Arkansas Code Annotated. It's free, and it's a good place to start. Title 5 contains the Criminal Offenses, and the justification defenses, like when you're allowed to use deadly force in self-defense.
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Last edited by Spats McGee; October 6, 2012 at 12:38 PM.
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