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Fleeing and Attempting to Elude a Law Enforcement Officer

Tampa Fleeing and Eluding Attorney

The criminal charge of fleeing and eluding is a serious criminal offense with serious criminal penalties under Florida law. Unlike other felony offenses, the court is not allowed to withhold adjudication for the felony offense of fleeing and attempting to elude.

Additionally, the police may be able to criminally forfeit your vehicle unless you act quickly. An experienced criminal defense attorney can investigate defenses that exist in your case. Contact the Sammis Law Firm today to discuss your arrest for fleeing and attempting to elude a law enforcement officer in the Tampa Bay area, including Hillsborough County, Polk County, Pasco County, or Pinellas County, FL.

Elements of the Criminal Charge

Florida law provides for several versions of fleeing to elude a law enforcement officer under Florida Statutes Section 316.1935 including Florida Statute Section 316.1935(1) and 316.1935(2) for fleeing to elude a law enforcement officer. Although Florida law formerly provided for a misdemeanor version of fleeing and eluding, now any charge for fleeding and eluding is a felony offense.

The elements of fleeding and eluding under Florida law are as follows:

  1. operating a motor vehicle;
  2. having knowledge that he has been ordered to stop the vehicle;
  3. by a duly authorized law enforcement officer;
  4. willfully refusing or failing to stop the vehicle in compliance with such order; or
  5. having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer.

Fleeing and Attemting to Elude under Florida Law

The Florida crime of fleeing and attempting to elude a law enforcement officer is a third degree felony punishable by a $5,000.00 fine and Five (5) years in Florida State Prison.

Aggravated Fleeing and Attempting to Elude under Florida Law

Florida Statute Section 316.1935(3)(a), for fleeing to elude a law enforcement officer while siren and lights activated with high speed or reckless driving provides for an enhanced charge if the defendant drives at a high rate of speed, or with a wanton disregard for the safety of persons or property.

The penalty for the aggravated version of the offense is enhanced to a second degree felony which is punishable by fifteen (15) years in Florida State Prison.

Aggravated Fleeing and Attempting to Elude with Serious Bodily Injury or Death under Florida Law

Florida Statute Section 316.1935(4)(b), for Aggravated Fleeing or Eluding by leaving a crash involving injury or death then causing serious bodily injury or death is enhanced even further.

Under this charge the prosecutor must prove that the driver, while driving at a high rate of speed or with a wanton disregard for the safety of person or property causes serious bodily injury or death of another. This offense is a first degree felony punishable by thirty (30) years in Florida State Prison with a three (3) year minimum mandatory prison sentence.

Our Solutions

If you have been charged with the serious felony offense of fleeing and eluding in Tampa, Hillsborough County, Pinellas County, Polk County, Pasco County, Sumter County, Hernando County, Manatee County, Sarasota County or a surrounding area of Florida, then contact a criminal defense lawyer at the Sammis Law Firm to discuss your case today.

We represent clients charged with fleeing and attempting to eluding a law enforcement officer throughout the greater Tampa Bay area, including Tampa, Plant City, St. Petersburg, Clearwater, Bartow, Dade City, New Port Richey, Bradenton, Brooksville, Bushnell and Sarasota, Florida. We can begin your defense today against this serious criminal charge with serious criminal penalties.

 
 

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Sammis Law Firm, P.A.
1005 N. Marion St.  Tampa, FL 33602
Phone: (813) 250-0500 · Fax: (813) 276-1600
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Tampa Criminal Defense Attorney representing clients throughout central Florida, for felony or misdemeanor crimes including: Hillsborough County for Tampa or Plant City, Pinellas County for St. Petersburg or Clearwater, Pasco County for Dade City or New Port Richey, Manatee County for Bradenton, Sarasota County, Polk County for Bartow or Lakeland, and Hernando County for Brooksville.

Find out information about defending drunk driving charges throughout the Tampa Bay area including :

DUI in Hillsborough CountyDUI in Pasco County, DUI in Pinellas County, DUI in Polk County, DUI in Hernando County,  and DUI in Manatee County.

We represent clients arrested for misdemeanor or felony charges in the following areas of Tampa Bay including:  MacDill Air Force Base (AFB), University of Tampa, University of South Florida, Tampa International Airport (TIA), Raymond James Stadium, Brandon, Temple Terrace, Ybor City, Durant, Seffner, Riverview, Dover, Gulfport, Sun City Center, Gibsonton, Lithia, Apollo Beach, Wimauma, Odessa, Lutz, Mango, Ruskin, Sydney, Thonotosassa, Valrico or for drunk driving arrests in Florida, including: DUI in ClearwaterDUI in Bartow, DUI in Lakeland, DUI in Dade City, DUI in New Port Richey, DUI in Bradenton, or DUI in Brooksville

This attorney website may contain testimonials from past clients or information about specific results obtained for other clients. Not all results are provided, and the results are not necessarily representative of the results obtained by our Tampa criminal defense lawyers in all cases. Past results are not necessarily an indication of a future result for any prospective client because the individual facts and circumstances may differ from those criminal cases mentioned herein.

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Deciding which criminal defense attorney to hire for a case in Tampa or the surrounding areas of Tampa Bay is an important decision that should not be based solely upon lawyer advertisements or internet marketing. Before you decide which criminal justice lawyer to retain after a criminal accusation or arrest, ask our law firm to send you free additional written information about our qualifications and experience in fighting criminal cases. The information presented in this internet website should not be construed to be formal legal advice or the formation of an attorney / client relationship. If you need legal advice then you should talk directly with an attorney. Contact our attorneys to request additional written information without cost or obligation today.

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