Asked in Criminal Law for Maryland

Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face

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2 Lawyer Answers
Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: The suspect can face charges such as failing to obey a command from a police officer among other charges. I do not think that the suspect could be criminally responsible for another car striking the officer during the chase.

Mark Oakley agrees with this answer

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Typically, unless you directly interracted with the officer in the incident that caused him injury (like dragging the officer whose arm was in your car as you sped off, of attempting to swerve into him during a car chase that caused the officer to lose control of his vehicle), then I do not see a strong basis to bring criminal charges. Reckless endangerment would be the most likely charge, but in a foot chase, where the officer runs out in front of an on-coming vehicle to keep up with you, may be a tough charge to prove. That does not mean you would not be charged with it. The fact of the officer's injury or death, however, would absolutely be considered for sentencing purposes. Fleeing and eluding an officer, resisting arrest, assault on the officer in your initial encounter to escape and run, plus any underlying charges, may be sentenced up to the maximum time in jail and made to run consecutively (added one after the other, serve first the sentence on one before beginning serving the sentence on the next charge, and so on). That would be the worst case scenario, which is what you asked. Hire a lawyer, and depending on the charges and the nature of the injuries to the officer, you may work something out that limits or protects you from those more serious consequences.

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