Felony Eluding Police Resulting in Death or Injury – Nevada Law

Under Nevada Revised Statute (NRS) 484B.550(4), you face a category B felony if you intentionally evade a police vehicle and cause another person’s death or bodily harm. The possible penalties are:

• Prison: 2 to 20 years in Nevada State Prison;
• Fine: Up to $50,000; or
• Both: A prison sentence and a fine.

Other forms of evading police carry different penalties:

• Basic failure to stop: A misdemeanor carrying up to 6 months in jail and/or $1,000, when no felony provision applies.
• Endangering others or damaging their property: A category B felony carrying 1 to 6 years in prison and/or up to $5,000, subject to the statute’s exception for reckless driving.
• Evading with a DUI conviction from the same incident: A category D felony carrying 1 to 4 years in prison and a possible fine of up to $5,000. Injury or endangerment can support more serious charges.¹

With these cases, our approach is to test the evidence behind each accusation. We examine whether you recognized the stop signal, whether police identified the right driver, and whether your driving actually caused the injury. A serious crash does not relieve prosecutors of their burden to prove the charge.

In this article, our Las Vegas criminal defense attorneys will address the following key topics regarding felony eluding police resulting in death or injury in Nevada:

• 1. Elements of NRS 484B.550(4)
• 2. Penalties
• 3. Defenses
• 4. Record Sealing
• 5. Related Offenses
• Frequently Asked Questions

1. Elements of NRS 484B.550(4)

To convict you of felony eluding causing death or bodily harm, prosecutors must prove beyond a reasonable doubt these four elements:

1. You drove a motor vehicle on a highway or another place open to the public, such as a public parking lot; and
2. A peace officer in a readily identifiable police or regulatory-agency vehicle signaled you to stop using a flashing red lamp and siren; and
3. You willfully failed or refused to stop, fled, or attempted to elude the officer; and
4. While doing so, you were the proximate cause of another person’s death or bodily harm.²

“Willfully” means deliberately. An officer may point to acceleration, repeated turns, or other driving behavior as evidence that you were trying to escape.

“Proximate cause” means the connection between your actions and the harm. Prosecutors must prove more than an injury happening during a chase. However, your car does not necessarily have to strike the injured person for your driving to cause the harm.

The statute says bodily harm, not “substantial bodily harm.” Prosecutors do not have to prove a permanent or life-threatening injury. The injured person must be someone other than you.

Example: You deliberately speed away after a police vehicle signals you to stop with a flashing red lamp and siren. You hit and injure a pedestrian while escaping. Those facts could support the category B injury charge even if you never intended to hurt anyone.

We will compare the officer’s account with video, witness statements, and crash evidence. Our goal is to identify any missing element and challenge assumptions that turn a delayed stop or unrelated accident into a felony accusation.

2. Penalties

Felony eluding causing death or bodily harm carries two to 20 years in Nevada State Prison, a fine of up to $50,000, or both. The following table compares the main offenses under NRS 484B.550.³

The property-damage/endangerment provision begins with an exception where Nevada’s reckless driving law under NRS 484B.653 applies. Also, a DUI allegation alone does not establish the category D provision: It requires the specified DUI conviction from the same incident.

Will I lose my driver’s license?

A final conviction under NRS 484B.550 triggers a one-year driver’s license revocation under NRS 483.460(1)(b)(6). Additional convictions, such as certain DUI offenses, can carry separate licensing consequences.⁴

We will challenge the evidence and assess any proposed plea for its effect on your sentence and license. If prosecutors cannot connect your driving to the injury, we may be able to get the charge reduced to a lesser offense.

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people facing driving-related charges, including felony eluding. In our experience, the following six defenses have been very effective with prosecutors, judges, and juries in getting NRS 484B.550(4) charges reduced or dismissed.

1) You were not driving.

You are not guilty of this driving offense merely because you own the vehicle. We will examine the officer’s opportunity to see you, gaps in the pursuit, surveillance footage, and witness descriptions to challenge a mistaken identification.

2) You did not know the police were signaling you to stop.

If you did not see or hear the signal, that may undermine the claim that you deliberately refused to stop. We will investigate traffic, visibility, surrounding noise, and the timing of the lights and siren.

3) The police did not use the required vehicle and signal.

The law requires a readily identifiable police or regulatory agency vehicle and a signal using both a flashing red lamp and siren. (An unmarked vehicle counts as it was readily identifiable.) We will check recordings and equipment evidence instead of relying solely on the officer’s report.

4) You were trying to reach a safe stopping place.

A short delay while you slow down and look for a safe place may support the argument that you were trying to comply. We will use road conditions, your speed, turn signals, and the distance traveled to explain your actions.

5) Your driving did not cause the injury.

An injury during a pursuit does not by itself prove that you legally caused it. We can review medical records, vehicle damage, road conditions, and crash reconstruction evidence to test the prosecution’s explanation. Another driver’s involvement does not automatically clear you, but it may expose weaknesses in the D.A.’s case.

6) You had a mental health condition.

If you had a mental health condition, we will review it with appropriate experts and determine how it affects your defense or sentencing arguments.

Note that a mental health condition does not automatically excuse evading or guarantee probation. In the 2026 case Silvanus v. State, the Nevada Supreme Court upheld a prison sentence for felony evading after a guilty-but-mentally-ill verdict, despite insanity acquittals on other charges. The case concerned endangering others, rather than the injury/death provision.⁶

4. Record Sealing

Your eligibility to seal a Nevada criminal record depends on the conviction, its classification, and any statutory exclusions. The waiting periods before you can petition to seal a record are as follows:

• Category B, C, or D felonies: Generally 5 years after release from custody or discharge from parole or probation, whichever occurs later.
• Crimes of violence: Generally 10 years after release from custody or discharge from parole or probation, whichever occurs later.
• Misdemeanor evading: Generally 1 year after release from custody or the end of a suspended sentence, whichever occurs later.
• Dismissed charges: You may petition to seal the records immediately after dismissal.⁷

Sealing a category D evading conviction is different from sealing an accompanying DUI conviction. A misdemeanor DUI ordinarily has a seven-year waiting period, and specified felony DUI convictions and DUI-related homicides are excluded from sealing.

We will examine the exact convictions and sentencing records before calculating your eligibility date. When negotiating your case, we will also consider how a proposed reduction could affect your ability to clear your record later.

5. Related Offenses

Conduct during a pursuit or arrest may lead to other accusations. Each offense has its own requirements; an evading allegation does not automatically prove another crime.

• Resisting a public officer:  NRS 199.280 covers willfully resisting, delaying, or obstructing an officer performing a legal duty. It is generally a misdemeanor without a dangerous weapon. Weapon use, or taking or trying to take an officer’s weapon, can make it a felony. Running away on foot is often charged as this crime. ⁸
• Obstructing a public officer:  NRS 197.190 can cover willful obstruction or false information in a lawfully required statement or report. It applies where no other legal provision governs and is a misdemeanor carrying up to 6 months in jail and/or $1,000.
• Interfering with a public officer:  NRS 197.090 covers specified threats, force, or violence against an executive or administrative officer performing legal duties. It is a gross misdemeanor carrying up to 364 days in jail and/or $2,000, unless a greater battery penalty applies.⁹

Frequently Asked Questions

Is evading police always a felony in Nevada?

No. Basic evading is a misdemeanor carrying up to six months in jail and/or $1,000. It can become a felony when you endanger others or their property, cause qualifying damage or injury, or have a DUI conviction from the same incident.

We will examine whether the evidence supports the claimed felony enhancement. If it does not, we can use that weakness to seek a reduction or dismissal of the unsupported charge.

Do you have to intend to injure someone?

No. Prosecutors must prove deliberate evasion and that you legally caused another person’s bodily harm or death. They do not have to prove that you wanted the person to be hurt.

We will separately investigate your intent to evade and the cause of the injury. Evidence of one does not automatically prove the other.

Can you face felony charges if nobody was injured?

Yes. Endangering or being likely to endanger another person or their property can support a category B felony, as can causing damage to someone else’s property. The statute includes an exception where Nevada’s reckless driving law applies. A DUI conviction from the same incident can also make basic evading a category D felony.

We will examine video, traffic conditions, and witness accounts to challenge claims that your driving created the danger alleged by police.

Does an unmarked police car give you a defense?

Not automatically. Nevada law requires a readily identifiable police or regulatory agency vehicle, along with a flashing red lamp and siren. The absence of painted police markings alone does not resolve whether the vehicle met that standard.

We will examine what you could see and hear from your position, including lighting, distance, and surrounding traffic, to challenge the claim that you knowingly ignored a police stop signal.

Will you lose your license for evading police?

A final conviction under NRS 484B.550 triggers a one-year license revocation. Other convictions from the same incident may carry additional licensing consequences.

We will review those consequences before recommending a plea and explain how the proposed outcome would affect your ability to drive.

Legal References