Fleeing and eluding a police officer in Michigan is a felony in all four degrees. Fourth degree carries up to 2 years, third up to 5 years, second up to 10 years, and first degree, where someone dies, up to 15 years. The charges are set by MCL 257.602a.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Fleeing and eluding at a glance
| Fourth degree | Felony: up to 2 years, a fine of up to $500, or both (MCL 257.602a(2)) |
|---|---|
| Third degree | Felony: up to 5 years, a fine of up to $1,000, or both. Applies if the violation causes a collision or accident, part of it is in a 35 mph or lower zone, or there is a prior fourth-degree or similar conviction (MCL 257.602a(3)) |
| Second degree | Felony: up to 10 years, a fine of up to $5,000, or both. Applies if it causes serious injury or there are specified prior fleeing convictions (MCL 257.602a(4)) |
| First degree | Felony: up to 15 years, a fine of up to $10,000, or both. Applies if it results in the death of another person (MCL 257.602a(5)) |
How does a fleeing and eluding case move through court?
- Arraignment in district court, where bond is set.
- Preliminary examination. The prosecutor must show probable cause.
- Bindover to circuit court if probable cause is found.
- Resolution by dismissal, reduction, plea, or trial.
What matters in the defense
- The officer’s signal. The prosecutor must prove a clear order to stop and that you knew of it.
- The vehicle. Whether the officer’s car was identifiable as a police vehicle.
- Identity of the driver. Who was driving is often disputed.
- The degree. Proof of the collision, injury, or priors decides the penalty tier.
Related pages: traffic ticket defense and misdemeanor or felony offense.
Frequently asked questions
Is fleeing and eluding a felony in Michigan?
Yes. All four degrees under MCL 257.602a are felonies, starting at up to 2 years in prison.
What makes it a higher degree?
A collision, driving in a 35 mph or lower zone, or a prior conviction raises it to third degree. Serious injury raises it to second, and a death makes it first degree.
Talk to a Detroit criminal defense attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 257.602a in the Michigan Legislature’s text. This page is general information, not legal advice.