What can elevate the charge of "evading arrest" from a State Jail Felony to a 3rd degree felony?

The elevation of the charge of "evading arrest" from a State Jail Felony to a 3rd degree felony occurs when serious bodily injury is caused to another person during the act of evading. This is significant because the law recognizes that evading arrest can pose potential dangers not only to law enforcement officers but also to the public. When serious bodily injury results, it reflects a greater disregard for safety and the potential harm that can ensue from such actions, thereby justifying a harsher penalty.

The other factors listed, while they may influence the severity of other charges or circumstances surrounding an evading arrest scenario, do not directly result in an automatic elevation of the charge to that level. For instance, the use of a motor vehicle, previous felony convictions, or simply fleeing from police, though serious, do not inherently lead to a 3rd degree felony classification unless they are found in conjunction with causing serious bodily injury during the evasion. The law specifically outlines serious bodily injury as the key determinant for elevating the charge in these situations.