It is an illegal offense to flee to elude a law enforcement officer in the State of Florida, according to Florida Statute 316.1935. Fleeing to elude is a severe criminal offense, and you can be charged with a felony of the third degree. If you flee to elude a law enforcement officer under unsafe circumstances, then the matter at hand becomes more severe. Fleeing to elude a law enforcement officer can result in causing harm, serious bodily injury, death to another person, or property damage, which could get you charged with aggravated fleeing to elude.
Being charged with a felony is a serious matter that comes with various consequences and penalties. Upon paying any fines and serving your sentence, you will still have a criminal record that can have repercussions later in life. Unfortunately, you cannot have your criminal record erased, and it is something you will have to live with.
Here at The Law Place, we have a highly experienced team with a combined experience of over 75 years. If you are facing charges for a third-degree felony because of fleeing to elude a law enforcement officer, we are here to help fight your case. Do not hesitate to contact us for a free consultation at (941) 444-4444.
Defining Fleeing to Elude Under Florida Law
To be charged with a felony for attempting to elude a law enforcement officer, the judge must determine the below in order to prosecute:
- The scene took place on the roads within the State of Florida, and the offender was operating the vehicle.
- Upon request, the offender initially stopped but then willfully fled the law enforcement officer that pulled them over.
- Upon request of a law enforcement officer to stop and pull over by indicating so with their lights and sirens, the offender proceeded to drive away.
- After being asked to pull over and stop, the offender purposely proceeded to flee on foot or in their vehicle.
However, to be charged with the felony of aggravated fleeing to elude, which is more serious and will be persecuted as a felony of the second degree, the judge must determine the following:
- Upon fleeing to elude a law enforcement officer, they acted in a reckless manner by driving at an extremely high speed. The reckless driving could have led to property damage and or harm to others, causing serious bodily injury or death.
- Or, due to fleeing to elude law enforcement officers at high speed, there was property damage and/or serious bodily injury or death.
In order for a law enforcement officer to stop a driver in the State of Florida, they must have the following in place:
- The officer must be driving a patrol vehicle that is clearly labeled and has the agency insignia on display.
- Their car sirens must be activated and flashing.
- They must be dressed in official law enforcement uniforms.
The Charges Accompanying an Aggravated Fleeing to Elude Felony in the State of Florida
If you are charged with fleeing to elude, this is a felony of the third-degree and would face charges of a monetary fine up to $5,000 and jail time of up to five years. But, if you flee to elude an officer in an aggravated manner, such as driving recklessly or at high speed, you will be charged with a felony of the second degree. If you are charged with a felony in the second degree, the penalties are more severe, and you could face the following:
- Fifteen years of jail time.
- Fifteen years on probation.
- A monetary fine up to $10,000.
- Driver s license revocation between one to five years.
However, if aggravated fleeing to elude then resulted in property damage and or serious bodily injury or the death of someone else, you will then be charged with a felony in the first degree. A felony of the first degree comes with the following charges:
- Compulsory jail time of three years.
- Jail time or probation for up to thirty years.
- A monetary fine up to $10,000.
- Driver s license revocation between one to five years.
In the eyes of the court, they will view this as disregard for the safety of yourself, the law, and others. The above outlines a generalization of the charges that accompany an aggravated fleeing to elude felony, but you may feel overwhelmed by this information. If so, we highly advise that you contact us here at The Law Place, where a criminal defense lawyer will aid you in making sense of it all.
We’re here to serve you. Our phones are open 24 hours a day. Fleeing the Scene of an Accident in Florida
If upon attempting to elude a law enforcement officer, you caused an accident, you are legally required to remain at the scene of the accident. If you do not do so, this is viewed as wanton disregard. If you are caught leaving the scene of an accident that you caused, you can also be charged with a felony of the first degree. If an offender willfully flees an accident, Florida Statute 316.062 states that any person involved in a car accident must remain at the scene to give aid and information. The driver of the motor vehicle must carry out the following:
- Stop and remain as close to the incident scene as possible.
- Provide driver’s license and personal information to the law enforcement officer at the scene.
- Offer aid to anyone injured or act responsibly by calling 911.
If you believe that your aggravated fleeing to elude did not cause the accident, then a qualified lawyer will able to give you legal advice and help your defense.
We’re Florida’s top litigation team with over 75 years of combined experience Duty of Care in the State of Florida
The term duty of care is used within Florida law and is predominately associated with personal injury cases. The law asks that all persons residing in Florida should demonstrate a level of care towards others. If faced with a situation, such as an accident, those involved have a minimum duty of care towards the other party. As stated, aggravated fleeing to elude an officer can result in causing an accident and harming others. It is then the responsibility of the driver of the motor vehicle to provide a duty of care towards the person that has been injured. In the eyes of the court, if you have caused an accident and injuries as a result of fleeing to elude, then they will see this as wanton disregard and not providing a duty of care.
An experienced attorney will be able to provide further information if you are charged with such an offense and will lay out your legal options.
From the initial call to updates on your case status, we are here to get you answers. Revocation of Driving License Following an Aggravated Fleeing to Elude Conviction
Upon receiving a traffic offense, most people will be afraid of having their license revoked. More often than not, one of the penalties for a traffic offense arrest is indeed the revocation of your license. Having a driving license and a vehicle is essential to most people in terms of commuting to work, taking children to school, and daily errands. Even if you are convicted with a felony of the third degree, you could have your license revoked, and you will not be eligible to apply for a hardship license. Your best opportunity in having your license reinstated is by hiring a lawyer that might be able to have your charges dropped.
If a lawyer aids you in having the charges dropped, you will be eligible to apply for a hardship license via the bureau of administrative review (BAR). A hardship license entitles you to drive for necessary travel, such as commuting to work. This is why we highly recommend you contact a lawyer at The Law Place, as we have the expertise required to help you.
Legal Defenses Available in Florida
If you are facing first, second, or third-degree felony charges, then the repercussions will have an effect on the rest of your life. By hiring an experienced and reputable attorney, you are putting your case into capable hands. Here at The Law Place, our team of criminal defense attorneys will work around the clock to reduce or even dismiss the charges against you. They will review your case by looking into the following:
- Whether the law enforcement officer made a clear indication that they were pulling you over.
- You didn’t willfully flee.
- You didn’t realize that you had caused injury or property damage.
- Due to the circumstances of your situation at the time, you were not able to stop.
- The officer that asked you to pull over was not in a recognizable patrol vehicle.
- The law enforcement officer did not utilize the sirens and lights on the vehicle to pull you over, resulting in an unclear signal that you were required to stop.
- The location or time of day made it unsafe to pull over.
If your lawyer manages to prove any of the above in court, then your sentence could be dropped from a felony to a second-degree misdemeanor, as the court will instead rule that you were disobedient towards the officer. The penalties for a misdemeanor are far less severe than a felony. A lawyer will be able to explain the difference to you in more detail.
Contact The Law Place Today!
If you are facing charges for aggravated fleeing to elude a law enforcement officer, then you will require legal counsel. Attempting to elude, leaving the scene, and general disregard for the safety of others does not bode well in the eyes of the court. The circumstances surrounding your case can determine whether you are charged with a first-degree felony or a lesser offense, such as a misdemeanor. If a lawyer manages to reduce your charges, the penalties will be less severe, and you will, in turn, save money.
Here at The Law Place, we are here to help you. We are open 24 hours a day, seven days a week. Contact us for a free consultation on (941) 444-4444.
