In the state of Florida and across the United States, fleeing or attempting to elude law enforcement is a serious criminal offense, as stated under Florida Statute 316.1935. If you are convicted of this crime, it will haunt you forever.
When you think of fleeing to elude charges, you might automatically think of high-speed chases and criminals who are purposefully evading law enforcement. However, average Sarasota citizens can find themselves facing these charges, just by failing to stop for a police officer at any speed. But no matter how serious the charges against you may be, a fleeing to elude charge is classed as a third-degree felony offense at minimum. For this reason, the court cannot withhold adjudication, and they do not have the option of a suspended sentence. Therefore, any person who enters a plea for this charge will then become a convicted felon. Unfortunately, you will never be able to have these charges sealed or expunged, so it will always show on your criminal record. A Sarasota criminal defense lawyer from The Law Place can help. We will fight to have your charges reduced or even dropped.
Our law firm has 75 years of combined experience, and as a team, we will put forward an aggressive defense against the crime that you have been accused of. For more information, contact us today at (941) 444-4444 for a free consultation; we serve clients in Sarasota and the rest of Florida.
What Does Florida’s Fleeing to Elude Statute Say?
Florida Statute 316.1935 states that it is illegal in the state of Florida to attempt to flee from law enforcement. In order to be convicted under this statute, a prosecutor must prove that:
- The driver of the vehicle willfully failed or refused to stop and therefore failed to comply with the orders given by the law enforcement officer.
- The driver willfully fled in their vehicle or on foot to elude a Florida law enforcement officer.
- The driver was operating a vehicle on a street or highway in the state of Florida.
- The driver stopped the vehicle, but then willfully fled in an attempt to elude the law enforcement officer.
The statute specifies that in order to have had the authority to stop the driver, the law enforcement officer needs to be in an official law enforcement patrol vehicle with all of the jurisdictional markings clearly displayed, including agency insignia. The sirens should also be activated, and the officer should be in official uniform.
This traffic offense is classed as a third-degree felony. Therefore, at minimum, a driver would face a fine of up to $5,000 and up to five years in prison. The penalties for the crime of fleeing law enforcement become even more serious if a high-speed chase is involved, or if the chase resulted in serious bodily injury or death. This is then referred to as “aggravated fleeing or attempting to elude,” and you could be charged with a second-degree felony or even a first-degree felony.
What Are the Penalties for Fleeing From Law Enforcement in Sarasota, Florida?
The penalties for a conviction of fleeing from an officer in Florida are very serious. As already mentioned, this crime is always classed as a felony, but the level of the felony will depend on the circumstances surrounding the arrest.
A standard fleeing to elude law enforcement case is classed as a third-degree felony. If convicted, you could face:
- Up to five years in prison.
- Five years of probation.
- Fines of up to $5,000.
- License suspension for a minimum of one year.
- Maximum license suspension of five years.
- An adjudication of guilt, which will remain on your criminal record.
These penalties would be the same if the officer’s sirens were activated.
The consequences of a third-degree felony on your criminal record will have serious implications for you. An experienced criminal defense attorney in Sarasota can help you fight to have these charges reduced.
We’re here to serve you. Our phones are open 24 hours a day. Aggravated Fleeing or Attempting to Elude
If whilst you were fleeing law enforcement, you caused damage to property or caused serious bodily injury or death to another person; you could be charged with “aggravated fleeing to elude.” If you were seen to show wanton disregard for the safety of people or for another person’s property, you could be charged with a second-degree felony or even a first-degree felony.
If you were driving at high speed whilst fleeing from an officer, or driving recklessly, without causing injury and harm to others, this would be classed as a second-degree felony. This is a level four offense, and penalties would include:
- Up to fifteen years in prison.
- Fifteen years of probation.
- Fines of up to $10,000.
- License suspension for a minimum of one year.
- License suspension for a maximum of five years.
- An adjudication of guilt which will remain on your criminal record.
If you were fleeing to elude and were driving at high speed or driving recklessly and this caused serious bodily injury or death to another person, this would be classed as a first-degree felony (a level seven offense). Penalties in a first-degree felony case would include:
- A minimum-mandatory prison sentence of three years.
- Up to thirty years in prison.
- Up to thirty years of probation.
- Fines of up to $10,000.
- License suspension for a minimum of one year.
- License suspension for a maximum of five years.
- An adjudication of guilt which will remain on your criminal record.
There are some other factors that may come into play, such as any previous convictions, but a criminal defense attorney will be able to explain this to you. This is why the help of an experienced and knowledgeable attorney is so important.
We’re Florida’s top litigation team with over 75 years of combined experience What Legal Defenses Are Available in My Case?
Being convicted of a serious offense such as fleeing to elude would impact your life forever; therefore, a good legal defense is essential.
Your criminal defense attorney will seek to contest your fleeing to elude charge. However, they will also look for possible errors in your case. For example, they would look to see if:
- The stop was clearly communicated to you by the law enforcement officer.
- You had no actual intent to flee.
- In the case of aggravated feeding to elude, you were not aware that any property damage, bodily injury, or death had occurred.
- You were not aware that there was an active order for you to stop.
- The alleged charges against you were willful, or there were circumstances that meant you were not able to stop.
- You were not aware that the request to stop was from a law enforcement officer, or if the vehicle was not clearly marked.
- The law enforcement officer was not using their lights and sirens.
- You were afraid to pull over in a dark area at night, so you had made the decision to drive to a safe place.
An experienced attorney will fight to have your charge reduced to “disobedience of police or fire department officials.” Under Florida Statute 316.072, this is a category two offense and classed as a second-degree misdemeanor. Those facing felony offenses are always treated more harshly, so your penalties will be much less severe.
When the stakes are this high in your case, you need the help of the best legal defense team who can fight to reduce your charges to a lesser offense.
From the initial call to updates on your case status, we are here to get you answers. The Burden of Proof in a Criminal Case
The “burden of proof” is a legal duty to provide sufficient proof that a defendant is guilty “beyond a reasonable doubt.” It is the responsibility of the prosecutor in your case to prove this. If it can be shown without any doubt that the law enforcement officer instructed you to stop, and you willfully did not, they can make a case for your guilt.
If the prosecutor is not able to prove that you are guilty beyond a reasonable doubt, the judge and jury have a responsibility to find you not guilty. Your defense attorney will seek to show where there is doubt in your case.
The complexities of Florida law can be difficult to comprehend. This is why you should seek legal advice from an experienced criminal defense attorney.
Can I Avoid License Suspension After Being Charged With Fleeing to Elude?
For many of us, a license suspension is a scary thought. When you rely on driving for important errands such as commuting to work, it can have a massive impact upon yours and your family’s life.
If you hire a good attorney, it is certainly possible to save your driving privileges under some circumstances. There are two options available:
- Option 1 – You can file an application with the Bureau of Administrative Review (BAR) for a hardship license. If you are eligible for a hardship license, you can request a hearing. If you are approved, a hardship license will allow you to continue driving for work and other essential purposes. The hearing officer will indicate on your driver’s record that your hardship license has been granted. You will have to pay a reinstatement fee, but this fee is certainly worthwhile for many. Of course, this option will only be available to drivers facing less serious criminal charges, and any previous traffic offenses would be taken into account.
- Option 2 – You can choose to wait out the full revocation period. Once the time of the revocation period has expired, you can pay the reinstatement fee and retain your license.
The truth is, the only way a driver can completely avoid the court-ordered revocation period is to successfully fight the charges that they have been accused of. Under Florida law, you cannot successfully obtain a withhold of adjudication if you offer a guilty plea or are found guilty by a judge or jury. You need to avoid being convicted of a felony, and the only way to do this is with the help of an experienced criminal defense attorney from a reputable law firm such as The Law Place.
When Should You Hire an Attorney?
If you have been arrested or think you are under investigation for fleeing from a law enforcement officer, you should hire a criminal defense attorney immediately. If you have legal support from the very start, you can improve your chance of achieving a favorable outcome.
It is very easy to implicate yourself if you speak to law enforcement before speaking to an attorney. Always remember that you have constitutional rights and do not have to speak to anyone before consulting with a lawyer.
A law enforcement officer is allowed to be dishonest and deceptive with you. They might tell you they have evidence against you when they do not or say that they have witnesses that do not actually exist. This is because it makes things quicker and simpler for them if you plead guilty before going to court. Many suspects plead guilty because they feel as though they have no other option when, in fact, many options are available to anyone who has been arrested and accused of a serious crime.
Deciding to hire an attorney from the outset can mean the difference between a negative and a more positive resolution in your criminal case. So, don’t hesitate, get in touch with The Law Place today.
Questions to Ask Before You Hire a Criminal Defense Attorney
When looking for legal representation after being arrested for fleeing a law enforcement officer, you need to be sure that you are giving yourself the best possible chance.
A good attorney-client relationship is essential, and you should have trust in who you decide to hire, so the more you know about them, the better. We recommend asking the following:
- Have you worked with people in a similar situation to mine?
- What is the cost of your services?
- When and how will I have to pay?
- Do you have any references and testimonials from previous clients that I could see? If they are unable to provide genuine reviews, you should avoid them!
Why You Should Choose The Law Place
We understand how stressful charges of fleeing to elude can be, especially when the incident has resulted in serious bodily injury or death. We pride ourselves on an attorney-client relationship that is built on trust and understanding.
We will commit to doing everything in our power for your case. We will investigate from every angle and build an aggressive and comprehensive defense strategy that is tailored to the jury or judge who will hear it.
Our prestigious law firm has more than 75 years of combined experience, and our attorneys are constantly working to improve their skills and expand their knowledge of the law. Many of our attorneys are AVVO 10.0 rated, which is the highest possible rating on the site. This is based on awards, trial skills, associations, length of practice, and trusted client reviews.
Contact The Law Place Today
Hiring a reputable criminal defense team after you have been arrested and charged with the crime of fleeing to elude will be the best decision that you can make. It could mean the difference between a first-degree felony conviction with a lengthy prison sentence or having your charges dismissed or reduced to a misdemeanor offense.
Even if you think that the evidence is stacked against you, having the right attorney by your side can completely change the outcome of your case.
Our team includes some of the best attorneys in Florida, so you can be assured that when you agree to representation from The Law Place, you are giving yourself the best chance.
Call us today at (941) 444-4444 for a free consultation. We have helped many clients who have found themselves facing a difficult criminal charge, such as fleeing to elude, and we are ready to do the same for you.
