⚖️ Florida Law Update – October 2025
House Bill 113 (HB 113) has officially taken effect, making major changes to Florida’s fleeing and eluding laws under § 316.1935.
Drivers accused of fleeing or attempting to elude law enforcement now face higher felony levels, longer prison terms, and tighter pursuit regulations.
Key Updates Under HB 113:
- Aggravated fleeing and eluding has been reclassified with harsher penalties, including mandatory minimum prison sentences for cases involving injury or property damage.
- Law enforcement agencies must now follow stricter pursuit protocols, including verified vehicle markings and activated lights/sirens.
- The law adds enhancements for fleeing in construction zones, school zones, or causing danger to bystanders.
- Defense attorneys can challenge improper or unauthorized pursuits, which may affect the admissibility of evidence.
If you were charged after October 1, 2025, your case falls under these updated penalties.
For a full breakdown of HB 113 and how it affects drivers in Manatee County, visit our 2025 Florida Law Changes Hub.
Last updated October 2025 – Florida Fleeing & Eluding Law (HB 113)
Fleeing to Elude in Bradenton
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 of Bradenton criminal defense lawyers with 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.
Bradenton Aggravated Fleeing to Elude Lawyer: Defining 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. Florida’s legal framework and traffic law specifically define the offense of fleeing to elude, outlining the statutory elements and requirements for prosecution:
- 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 a lawful traffic stop initiated by a law enforcement officer, with clear indication to stop using lights and sirens, the offender proceeded to drive away, violating traffic law requirements for compliance.
- 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. Eluding law enforcement in this manner is considered a serious criminal offense under Florida law, carrying severe penalties and long-term consequences:
- 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.
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Elements of the Offense of Fleeing to Elude in Florida
Under Florida Statute 316.1935, the offense of fleeing to elude a law enforcement officer is defined by several key elements that the prosecution must prove beyond a reasonable doubt. First, it must be established that the defendant was operating a vehicle on a street or highway within the State of Florida. Second, the prosecution must show that a law enforcement officer, clearly identified and in an official vehicle, ordered the driver to stop—typically through the use of lights and sirens. Third, it must be demonstrated that the driver was aware of this order and willfully refused or failed to comply, choosing instead to elude law enforcement.
A strong defense strategy often focuses on challenging whether the defendant actually knew they were being ordered to stop by a police officer, or whether the officer’s signals were clear and unmistakable. Additionally, the defense may argue that the driver did not willfully attempt to flee, or that circumstances made compliance impossible or unsafe. Understanding these elements is crucial, as the prosecution must prove each one to secure a conviction for fleeing or eluding. By scrutinizing the prosecution’s case and raising reasonable doubt, an experienced attorney can significantly impact the outcome of the legal process.
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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.
Eluding penalties in Florida are considered severe penalties, especially for aggravated cases, and can have a lasting impact on your future.
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.
First-degree aggravated fleeing to elude charges are felony offenses, and a felony conviction will result in you becoming a convicted felon, which can have long-term legal and social consequences.
In the eyes of the court, they will view this as disregard for the safety of yourself, the law, and others. Aggravated fleeing to elude is a serious offense under Florida law, carrying significant legal and personal ramifications. 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.
From the initial call to updates on your case status, we are here to get you answers.
Aggravating Factors in Fleeing to Elude Cases
Aggravating factors can dramatically increase the severity of charges and penalties in fleeing to elude cases. While a basic offense is typically charged as a third degree felony, certain circumstances can elevate the charge to a second degree felony or even a first degree felony. Common aggravating factors include causing serious bodily injury or death, engaging in a high speed chase, or driving in a reckless manner that endangers others. These actions demonstrate a heightened disregard for public safety and can result in much harsher penalties, such as longer prison sentences, hefty fines, and mandatory revocation of driving privileges.
If aggravating factors are present, the stakes are significantly higher, and the risk of a permanent criminal record increases. A skilled criminal defense lawyer will carefully examine the circumstances surrounding the incident, challenge the prosecution’s evidence, and work to create reasonable doubt about the presence or severity of these factors. In some cases, a strong defense strategy can lead to a reduction of charges to a second degree misdemeanor or open the door to alternative sentencing options. Navigating the complexities of fleeing and eluding charges requires the expertise of an experienced attorney who understands how to mitigate aggravating factors and protect your future.
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.
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.
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. A conviction for aggravated fleeing to elude can also negatively impact your driving record and limit future employment opportunities, especially for jobs that require driving or a clean record. 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. In these cases, identifying effective defense strategies and establishing a viable defense are crucial to achieving the best possible outcome. 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.
- Whether the prosecution’s case can be challenged due to insufficient evidence or mistaken identity.
If the initial stop was not legally justified, this can also serve as a strong defense against the charges.
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 scrutinize the prosecution’s evidence and guide you through the legal proceedings, ensuring you understand each step. A lawyer will be able to explain the difference to you in more detail.
Meet the Bradenton Aggravated Fleeing to Elude Lawyer Team
Our team of experienced attorneys and skilled attorneys is well-versed in handling fleeing to elude cases. David Haenel, a former prosecutor, draws on his background as a state prosecutor to challenge police procedures and evidence in fleeing cases. Darren Finebloom is a tenacious trial attorney who ensures his clients’ rights are protected against aggressive prosecution. AnneMarie Rizzo provides steady guidance through stressful felony charges, keeping clients informed while she fights for the best possible result. Our team includes former prosecutors who bring unique insights to the defense.
Client Reviews
- “David Haenel exposed flaws in the dashcam video that the prosecutor relied on.” – M.T.
- “AnneMarie Rizzo treated me with respect during one of the darkest moments of my life.” – S.D.
- “Darren Finebloom kept me out of prison when the state wanted years.” – J.C.
- “The Law Place never judged me, they simply defended me with skill and care.” – A.L.
- “I walked into court terrified, but walked out with hope thanks to their defense.” – R.G.
Local Resources in Bradenton
- Licensed Bail Bond Agents – Help defendants secure release while awaiting trial.
- Centerstone Bradenton – Counseling and behavioral health services for those under stress during felony cases.
- Step Up Suncoast – Provides community and family financial support programs.
- Manatee County Reentry Services – Employment and housing assistance for individuals after incarceration.
FAQs
What is aggravated fleeing to elude in Florida?
Aggravated fleeing occurs when a driver willfully refuses to stop for law enforcement and does so at high speed or in a reckless manner, endangering others. Under Florida statutes, the offense is described as “fleeing or attempting” to elude law enforcement, with legal distinctions made between standard fleeing and aggravated fleeing based on factors like speed and recklessness. This elevates a standard fleeing charge into a serious felony.
What penalties can be imposed?
It is a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and fines up to $10,000. Florida law also imposes a mandatory minimum of three years in prison if convicted.
Can these charges ever be reduced?
Yes. A skilled defense attorney may challenge whether the driver actually acted recklessly or whether police procedures were lawful. Negotiations can sometimes lead to lesser charges like reckless driving, which carry far lighter penalties.
Will my license be revoked?
Yes, conviction results in mandatory revocation of driving privileges, often for several years. Challenging the case early is critical to preserving limited driving rights.
How important is legal representation in these cases?
Extremely. Prosecutors view fleeing cases as threats to public safety and seek maximum punishment. Having an experienced lawyer ensures evidence is challenged, constitutional issues are raised, and every opportunity for a reduced outcome is pursued.
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.
