Tampa criminal lawyers are often asked about the Florida criminal charge of Fleeing and Eluding since it is not necessarily self-descriptive. Fleeing and Eluding is most often charged in association with other criminal charges, like possession of a controlled substance/firearm or some other underlying charge.
Fleeing and Eluding is governed by Florida Statute Section 316.1935. Specifically, the most common portion of the Statute regulates “having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer” in subsection (1).
Subsection (2) of the Statute punishes those who “willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights”. A violation of both these sections of the Statute commits a felony of the third degree resulting in a maximum of five (5) years in Florida prison.
Tampa criminal lawyers most often see violations of either of two sections outlined above. It is worth noting again they most often occur when individuals are again attempting to evade being arrested for some underlying charge. Many times people are under the mistaken belief that if they can escape the jurisdiction of the officer, like Hillsborough County, law enforcement will have to end the pursuit. This is simply not true and only results in the individuals being charged with additional criminal charges.
It is worth noting that if the fleeing and eluding resulted in high speed or a “wanton disregard” for others, it results in a second degree felony with a maximum of fifteen (15) years in prison. If serious bodily injury or death results, the charge becomes a first degree felony with a maximum of twenty-five (25) years with a three (3) year minimum mandatory. This surprises some individuals since it is clearly not their intent to injure or harm anyone, the injury occurred as an accident. Obviously, Florida law severely penalizes folks, who while fleeing and eluding cause a death or serious bodily injury. Tampa criminal lawyers often are able to identify multiple defenses to the charges concerning the specific, unique facts of the facts.
If you or someone you know has questions concerning fleeing and eluding, contact the Tampa criminal lawyers for a free case consultation. We routinely handle these matters throughout the Tampa Bay Area. If you would like to contact one our Tampa criminal defense attorneys immediately, please use our “contact us now” tab in the upper right hand corner of our website. We appreciate your time in checking out our Tampa criminal lawyer blog and look forward to hearing from you.