Pursuant to A.R.S. § 28-622.01, for felony flight in Arizona, you can be charged with felony flight or unlawful flight if you willfully flee or attempt to elude a law enforcement vehicle if the law enforcement vehicle is:
1. A marked police car and:
2. An unmarked police car but:
The penalties for felony flight involve both consequences in and out of the courtroom. In addition to jail or prison time, those convicted of felony flight will face consequences from the court, MVD, employers and others. These consequences are in addition to any other mandatory punishment that may be applicable if the person fleeing police is also charges with crimes such as DUI, criminal traffic violations, vehicular aggravated assault or vehicular murder.
Felony flight is considered a class 5 felony under Arizona law. Class 5 felonies are punishable by:
Pursuant to A.R.S. § 28-3304(A)(2) and A.R.S. § 28-3315(A), after being convicted of felony flight your driver license will be revoked for one year.
SIDE NOTE: If your license is revoked for unlawful flight, your driving privileges are NOT automatically reinstated after the one year has passed. You must apply to have your driving privileges reinstated by completing a Revocation Application (also called an Investigation Packet) with MVD and pay a reinstatement fee. You must also complete any other court or MVD requirements, such as paying all fines, traffic survival school, or alcohol/drug counseling.
At Feldman & Royle, our unlawful flight from police attorney in Phoenix understands the serious impact this charge can have on your freedom, reputation, and future. As former prosecutors, we know how the state builds these cases and how to dismantle them. We examine every detail of your stop, arrest, and evidence to uncover mistakes or violations of your rights. Our team works aggressively to reduce or dismiss charges, protect your driver’s license, and minimize long-term consequences. When your future is on the line, Feldman & Royle provides the experience, strategy, and dedication you need to move forward with confidence
A winning defense strategy to felony flight is extremely fact specific so speaking with an experienced Phoenix unlawful flight lawyer about the particulars of your individual case is necessary before a definitive defense strategy can be outlined. However, some of the more common defense to unlawful flight charges are as follows:
The prosecution must prove that you “willfully” eluded police. As such, drivers who can establish that they were distracted by loud music or being on the phone have a viable defense.
Attacking the officer’s version of facts necessary to establish that the car was marked or that lights and sirens were used at specific moments.
If the officer violated your Miranda rights, necessary evidence could be precluded leading to dismissal of charges.
Right to Counsel Violations. As with Miranda, a right to counsel violation may give way to dismissal of your case.
If law enforcement fails to preserve or loses evidence, a defense attorney can use this to assist in establishing reasonable doubt.
In cases where a suspect was successful in eluding police or ran from an accident scene but were later apprehended, proving identity can be a major obstacle for police.
At Feldman & Royle, we’ve helped many clients reduce and even dismiss their sentences by challenging wiretap evidence obtained through noncompliant wiretapping procedures. If the government illegally violates your privacy in order to collect evidence and build a case against you, that evidence shouldn’t be used to determine your fate or the fate of a loved one. To discuss your case, contact our Arizona criminal defense attorney today for a confidential consultation.
Facing a felony flight charge is one of the most serious traffic-related offenses in Arizona. It’s not just about a traffic stop—it’s an allegation that you willfully fled from law enforcement, a charge that can lead to prison time, loss of your driver’s license, and a permanent felony record. Fear, confusion, and uncertainty can take over fast. That’s where Feldman & Royle step in—to bring clarity, control, and confidence to your defense when everything feels at stake.
What Sets Us Apart:
Our attorneys have served as prosecutors, giving us a unique advantage. We understand how felony flight cases are investigated, charged, and prosecuted—and where the weaknesses often lie. This insider knowledge allows us to anticipate the prosecution’s strategy and craft a defense that stays ahead at every turn.
A felony flight conviction can change your life forever. We work to reduce or dismiss charges, minimize penalties, and protect your driving privileges and future employment opportunities. Our goal is to keep your record clean and safeguard your freedom.
From the moment we take your case, we push for results—whether through negotiation, evidence challenges, or aggressive courtroom defense. We’re skilled negotiators who fight for reduced charges and alternative outcomes, but we also prepare each case as if it will go to trial. That readiness often makes the difference.
We know how stressful it is to face a felony charge. At Feldman & Royle, you’ll never be left in the dark. We keep communication open, explain every step in plain language, and handle your case with the discretion and respect it deserves.
Felony flight cases often turn on what happened in seconds—but those seconds matter. We scrutinize every detail: dashcam footage, police reports, witness statements, and any procedural errors that could strengthen your defense. No element is too small, because in felony cases, details make all the difference.
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