Does fleeing or attempting to elude a pursuing peace officer constitute an assaultive crime against the person?

California, United States of America


The following excerpt is from People v. Cortez, D064847 (Cal. App. 2015):

"[S]ection 954 permits joinder of all assaultive crimes against the person, all of them being considered 'of the same class.' " (Coleman v. Superior Court (1981) 116 Cal.App.3d 129, 135.) Subdivision (a) of Vehicle Code section 2800.2 makes it a crime to flee or attempt to elude a pursuing peace officer in violation of Vehicle Code section 2800.1 if "the pursued vehicle is driven in a willful or wanton disregard for the safety of persons or property." Because a violation of Vehicle Code section 2800.2 can occur where there is willful or wanton disregard for either the safety of persons or property, we conclude this crime does not qualify as an assaultive crime against the person.

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