Charged with Fleeing to Elude in Florida? Here’s What to Do
Charged with fleeing to elude in Tampa? Learn about penalties, defenses, and how Daniel J. Fernandez, P.A. can help protect your rights.
Being charged with fleeing to elude in Tampa, Florida, is a serious matter that can result in harsh legal consequences. Florida law strictly enforces these charges, which can lead to felony convictions, prison sentences, license revocation, and even vehicle forfeiture. If you or a loved one are facing such charges, it is critical to understand the law and take immediate action to protect your rights.
Understanding the Charge of Fleeing to Elude
Under Section 316.1935 of the Florida Statutes, fleeing to elude occurs when a driver willfully fails to stop or attempts to evade a law enforcement officer in a clearly marked patrol vehicle with lights and sirens activated. This is more than just a traffic violation—it is a criminal offense that can carry severe penalties, depending on the circumstances of the incident.
Key Aspects of the Law
- Willful Action: The act must be intentional. For example, claims that the driver did not see the officer or was unaware of the situation could serve as a defense.
- Marked Patrol Vehicle: The officer’s vehicle must have clear agency insignia, jurisdictional markings, and activated lights and sirens to meet the legal requirements for fleeing to elude charge.
Charges for fleeing to elude are classified as felonies, and the severity of the charge depends on factors such as speed, injury, or property damage.
Penalties for Fleeing to Elude in Florida
Penalties for fleeing to elude in Florida can vary widely. The specific circumstances of the offense determine them and may escalate depending on the severity of the situation.
- Third-Degree Felony
- Standard fleeing to elude is a third-degree felony.
- Penalties include up to 5 years in prison, 5 years of probation, and a $5,000 fine.
- Second-Degree Felony
- Driving at high speeds while fleeing elevates the charge to a second-degree felony.
- Punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
- First-Degree Felony
- If the fleeing results in serious bodily injury or death, it becomes a first-degree felony.
- Includes a mandatory minimum sentence of 3 years in prison, with penalties reaching up to 30 years.
In addition to these penalties, individuals convicted of fleeing to elude may also face:
- Driver’s License Revocation: Between 1 and 5 years.
- Vehicle Forfeiture: The vehicle involved may be seized and deemed contraband.
Common Defenses for Fleeing to Elude Charges
If you’ve been charged with fleeing to elude, it’s important to know that a skilled defense attorney can challenge the charges on several grounds. Common defenses include:
- Lack of Willful Intent: If you did not intentionally evade law enforcement, your attorney could argue this as a defense.
- Improper Procedure by Law Enforcement: If the officer’s vehicle lacked proper markings or lights and sirens were not activated, the arrest may not be valid.
- Medical Emergency: A legitimate emergency situation might explain why you failed to stop.
- Mistaken Identity: If someone else was driving the vehicle, you may have been wrongfully accused.
Each case is unique, and the right defense strategy will depend on the details of your situation.
Consequences Beyond the Courtroom
A conviction for fleeing to elude extends beyond legal penalties. It can impact your career, finances, and personal relationships:
- Career Impact: A felony conviction can limit your job opportunities.
- Financial Burden: Court fees, fines, and vehicle forfeiture can create financial strain.
- Personal Reputation: A criminal record can affect your standing in the community.
These lasting consequences highlight the importance of securing a knowledgeable attorney to minimize the impact of these charges.
Why Daniel J. Fernandez, P.A. is the Best Choice
The criminal defense attorneys at the Law Office of Daniel J. Fernandez, P.A. understand the complexities of fleeing to elude charges. They may be able to help you find a solution that does not involve a lengthy prison sentence. Some options include:
- Motion to Dismiss: If the pursuing vehicle was unmarked or lacked proper agency insignia and jurisdictional markings, your attorney may argue that the arrest for fleeing to elude was improper.
- Plea: For individuals who wish to resolve their case without risking trial, options such as probation or a minimal sentence may be negotiated.
- Trial: If you are not guilty of the charges, your case could be contested in court, and a trial may result in an acquittal.
If you or someone you know needs help with a fleeing to elude investigation or arrest in the Tampa Bay area, the attorneys at Daniel J. Fernandez, P.A. will guide you through the legal process.
The attorneys at the Law Office of Daniel J. Fernandez, P.A. are bilingual and offer free and confidential consultations to discuss your case. With a personalized approach to every client, they are committed to protecting your rights and achieving the best possible outcome.
If you have been arrested for fleeing to elude in Tampa or the surrounding area, call Tampa criminal defense lawyer Daniel J. Fernandez at (813) 229-5353 today. Your future is too important to leave to chance.
