Fleeing to Elude is a Felony. Here’s what to do If Accused.
Fleeing and Elude in Florida is defined as the failure of a driver to stop or remain stopped upon order by a duly authorized law enforcement officer. is considered to be an incredibly dangerous crime in the eyes of the law.
Although the circumstances of the incident can affect the degree of severity of how this crime is prosecuted, Fleeing to Eluding in Florida is a third-degree felony charge, to begin with, with felony penalties that may include prison and a mandatory driver’s license revocation of 1 to 5 years.
If you’re facing charges for Fleeing and Eluding in Florida, the penalties upon conviction are extremely serious: you could be facing jail time, devastating fees, up to 5 years of imprisonment. Contact right now an experienced Fleeing to Elude Lawyer.
The consequences of conviction and the sentence for this crime often carry with it up to five years in prison, and up to a $5000 fine for your attempt to elude. As additional charges pile up based on the specifics of the interaction, charges can be upgraded to an aggravated circumstance, upping the severity of the charge, as well as the punishment.
Additionally, the Florida legislature has mandated that upon being sentenced for this felony crime, you will be considered a convicted felon without the possibility of legally sealing or expunging your record down the road, if you are adjudicated guilty. Without the help of a Fleeing To Elude Attorney, you stand the chance to be considered a convicted felon the rest of your life and lose the majority of your civil rights.
DEFINITION OF FLEEING AND ELUDING
The Crime of “Fleeing and Eluding” is defined under Section 316.1935, Florida Statutes, stating: “Under the law, it is a criminal act for a driver, having knowledge that he or she has been lawfully ordered to stop his or her vehicle by a law enforcement officer, to willfully to refuse to stop the vehicle in compliance with the officer’s order.”
Fleeing and Eluding: Aggravated Offenses
Florida law contains multiple modifiers in association with the charge of Fleeing and Eluding. Examples of Aggravated Fleeing and Eluding are prosecuted with an even greater degree of severity and consequences. Here are some examples of Aggravated Fleeing and Eluding:
- Leaving the scene of an accident involving property or motor vehicle damage
- Leaving the scene of an accident involving personal injury
- Leaving the scene of an accident involving serious bodily injury, defined as an injury that is life-threatening and/or results in permanent disfigurement or disability
- Leaving the scene of an accident involving death.
PENALTIES FOR FLEEING AND ELUDING
Being Convicted of Fleeing and Eluding Law Enforcement brings with it the possibility of severe penalties up to and including jail or prison stays even for first-time offenders.
- General Fleeing and Eluding (Without Aggravating Circumstances): Classified as a third-degree felony, with penalties of up to 5 years in prison, A $5000 fine, or 5 years of probation. Being convicted will also result in a mandatory driver’s license revocation, which ranges between 1 and 5 years.
- Fleeing and Eluding: Sirens and Lights Activated: A third-degree felony, punishable by up to 5 years in prison or 5 years of probation, as well as a $5,000 fine and a mandatory driver’s license revocation ranging from 1 to 5 years.
- Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving: This is a second-degree felony, with more severe penalties of up to 15 years in prison/ 15 years of probation, a $10,000 fine, and mandatory license revocation ranging from 1 to 5 years;
- Fleeing and Eluding: Sirens and Lights Activated with High Speed or Reckless Driving Causing Serious Bodily Injury or Death: A first-degree felony, with penalties of a mandatory 3-year prison sentence that can range up to 30 years in prison/30 years of probation, as well as a $10,000 fine and mandatory license revocation ranging from 1 to 5 years.
DEFENSES TO FLEEING AND ELUDING
Although Fleeing and Eluding is a serious crime, there are tried and tested defenses for your case. We leave no stone unturned or detail unfound when defending your case.
The Following are Common, Successful Defenses.
- Did you commit “fleeing to elude” willfully, or were there extenuating circumstances keeping you from stopping?
- Were you completely aware that the person stopping you was an actual Law Enforcement Officer?
- Was the alleged order to stop clearly and specifically communicated to you?
- When charged with Fleeing and Eluding with Sirens and Lights Activated: was the officer driving an authorized law enforcement vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated?
Contact Skubiak and Rivas: The #1 Fleeing to Elude Lawyer in Florida.
Are you facing charges for Fleeing and Eluding in Florida? The penalties upon conviction are extremely serious: you could be facing jail time, devastating fees, up to 5 years of imprisonment.
Moreover, having a criminal record—even after you have served your sentence—can limit your qualifications for many employment opportunities, as well as other consequences that come with being a convicted felon.
Our experienced Fleeing to Elude Attorney can help you to fight these charges. Contact Skubiak & Rivas, P.A. to learn more about how we can assist with your case.