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.

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. 

The elements of fleeing 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 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

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 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

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.

Contact an Attorney Experienced in Fighting Fleeing and Eluding Felony Charges in Florida

If you have been charged with the serious felony offense of fleeing and eluding in Tampa, Hillsborough County, Pinellas County, Polk County, Pasco County, or a surrounding area of Florida, 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 Tampa Bay area, including Tampa, Plant City, St. Petersburg, Clearwater, Bartow, Dade City, New Port Richey, Bradenton, Brooksville, and Sarasota. We can begin your defense today against this serious criminal charge with serious criminal penalties.