Fleeing or Attempting to Elude Law Enforcement in Florida
Criminal Defense Attorney in Florida
Understanding Charges for Fleeing or Attempting to Elude Law Enforcement in Florida
Being accused of fleeing or attempting to elude law enforcement can lead to serious consequences in Florida. At Leppard Law, we specialize in defending clients against such charges. Let’s delve into the elements of this crime, its penalties, and how we can build a strong defense strategy for your case.
Elements of Fleeing or Attempting to Elude Law Enforcement in Florida
Under Section 316.1935 of the Florida Statutes, this offense can be committed under several circumstances, including:
- A person knowingly refusing an order to pull over by a law enforcement officer
- A person initially pulling over due to an order by an officer, but then willfully attempting to flee
- A person willfully attempting to evade a law enforcement officer in a marked vehicle with activated siren and lights
Penalties for Fleeing or Attempting to Elude Law Enforcement in Florida
These charges vary significantly in severity based on specific circumstances and can range from a third-degree felony to a first-degree felony.
| Offense | Severity Level | Penalty |
|---|---|---|
| Fleeing or Attempting to Elude Law Enforcement | Third-degree felony | Up to 5 years of prison or probation, a $5,000 fine, and 1 to 5 years of license suspension |
| Fleeing in Wanton Disregard | Second-degree felony | Up to 15 years of prison or probation, and a $10,000 fine |
| Fleeing causing Serious Bodily Injury or Death | First-degree felony | 3 to 30 years of prison, and a $10,000 fine |
| Aggravated Fleeing or Attempting to Elude | Second-degree felony | Up to 15 years of prison or probation, and a $10,000 fine |
| Aggravated Fleeing causing Serious Bodily Injury or Death | First-degree felony | 3 to 30 years of prison, and a $10,000 fine |
Building a Defense Against Charges of Fleeing or Attempting to Elude Law Enforcement
Mounting a successful defense against charges of fleeing or attempting to elude law enforcement requires a comprehensive understanding of Florida’s criminal justice system. At Leppard Law, we utilize a variety of defense strategies, such as:
- Challenging the constitutionality of the evidence obtained
- Presenting lack of supporting evidence for the charge
- Providing an alibi
Our defense approach is tailored to the unique circumstances of each client’s case. By meticulously scrutinizing the evidence and employing the best defense strategies, we strive to achieve a reduction or dismissal of the charges.
Frequently Asked Questions
1. What does it mean to elude law enforcement?
Eluding law enforcement refers to the act of intentionally avoiding a law enforcement officer who is attempting to detain or arrest you. This could involve fleeing the scene of a crime, refusing to stop a vehicle when signaled by law enforcement, or hiding to avoid arrest.
2. What qualifies as a marked law enforcement vehicle in Florida?
In Florida, a marked law enforcement vehicle is typically defined as a vehicle that clearly displays police logos or insignia and is equipped with activated sirens and lights. The vehicle should be easily identifiable as a law enforcement vehicle to the general public.
3. What are the potential penalties for Fleeing or Attempting to Elude Law Enforcement?
The penalties for Fleeing or Attempting to Elude Law Enforcement can vary depending on the circumstances. In general, it’s a third-degree felony punishable by up to 5 years of prison or probation, and a $5,000 fine. The court may also suspend the offender’s driver’s license for 1 to 5 years upon conviction.
4. How can a lawyer help in a case of Fleeing or Attempting to Elude Law Enforcement?
A skilled criminal defense lawyer can be instrumental in challenging such charges. They can work to exclude improperly obtained evidence, challenge the state’s version of events, present counter-evidence, and employ various legal strategies to aim for a reduction or dismissal of the charges.
5. What should I do if I’ve been charged with Fleeing or Attempting to Elude Law Enforcement?
If you’ve been charged withFleeing or Attempting to Elude Law Enforcement, the first step is to contact a competent criminal defense attorney. They can help you understand the charges, the potential consequences, and the legal strategies available for your defense. They can also represent you in court and negotiate on your behalf.
Contact Leppard Law for Defense Against Fleeing or Eluding Charges
Fleeing or Attempting to Elude Law Enforcement is a serious charge, but with expert representation, it can be effectively defended. Leppard Law has over 50 years of combined criminal defense experience, providing you with the best representation against these charges. Your initial consultation is always free. Call us now at 407-476-4111 for a discussion on how our expertise can work in your favor.
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