Florida Fleeing and Eluding Crimes – Orlando Criminal Lawyer

Florida Fleeing & Eluding Crimes

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Orange County Florida Criminal Lawyer - Fleeing & Eluding:
The criminal charge of Fleeing and Eluding carries significant penalties upon
conviction including State Prison time. In cases involving aggravated fleeing
and eluding with serious bodily injury, the court is required to impose a
mandatory minimum sentence upon conviction. If you have been arrested for
the criminal offense of Fleeing & Eluding you should speak with an experienced
criminal defense attorney at your earliest opportunity to learn about your rights
and the defenses that may be available to you..

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following section of this page provides some basic information regarding the offense of Fleeing and Eluding:

Fleeing & Eluding - This occurs when the operator of any vehicle, having knowledge that he or she has been
ordered to stop such vehicle by a duly authorized law enforcement officer, willfully refuses or fails to stop the vehicle
in compliance with such order or, having stopped in knowing compliance with such order, willfully flees in an attempt
to elude the officer. This offense is a felony of the third degree punishable by up to 5 years in State Prison.

Penalties for this offense can increase though depending on the circumstances involved in the case. If in the course
of fleeing or attempted eluding the individual commits any of the following acts such as:

1) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, they commit a felony of the second degree punishable by up to 15 years in State Prison.

2) Driving at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, and causes serious bodily injury or death to another person, including any law enforcement officer involved
in pursuing or otherwise attempting to effect a stop of the person's vehicle, they commit a felony of the first degree
punishable by up to 30 years in State Prison. A person convicted of committing this aspect of the offense is subject
to a mandatory minimum sentence of 3 years imprisonment.

Also, any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash, having
knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in
compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt
to elude such officer and, as a result of such fleeing or eluding:

1) Causes injury to another person or causes damage to any property belonging to another person, commits
aggravated fleeing or eluding, they commit a felony of the second degree punishable by up to 15 years in State
Prison.

2) Causes serious bodily injury or death to another person, including any law enforcement officer involved in
pursuing or otherwise attempting to effect a stop of the person's vehicle, commits aggravated fleeing or eluding with
serious bodily injury or death, they commit a felony of the first degree punishable by up to 30 years in State Prison.

In addition, the court must sentence any person convicted of committing aggravated fleeing or eluding with serious
bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. The court will also revoke, for a
period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of
fleeing and eluding.

Any motor vehicle involved in a violation of this law is deemed to be contraband, which may be seized by a law
enforcement agency and is subject to forfeiture. For more information regarding please review the following Florida
Statute.

Florida Statute 316.1935 - Fleeing or attempting to elude a law enforcement officer, aggravated fleeing and
eluding.
(1) It is unlawful for the operator of any vehicle, 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, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(2) Any person 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 activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(3) Any person 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 activated, and during the course of the fleeing or attempted eluding:

(a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or
property, and causes serious bodily injury or death to another person, including any law enforcement officer involved
in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court
shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum
sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence
of incarceration as authorized by law.

(4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s.
316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully
refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order,
willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding:

(a) Causes injury to another person or causes damage to any property belonging to another person, commits
aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

(b) Causes serious bodily injury or death to another person, including any law enforcement officer involved in
pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits aggravated fleeing or eluding with
serious bodily injury or death, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or
death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. 316.027
and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of
committing or attempting to commit when the order to stop was given. Notwithstanding any other provision of law, the
court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or
death to a mandatory minimum sentence of 3 years imprisonment. Nothing in this subsection shall prevent a court
from imposing a greater sentence of incarceration as authorized by law.

(5) The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver’s license of any
operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).

(6) Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of
sentence for any violation of this section. A person convicted and sentenced to a mandatory minimum term of
incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 or any
form of discretionary early release, other than pardon or executive clemency or conditional medical release under s.
947.149, prior to serving the mandatory minimum sentence.

(7) Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a
law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704. Any vehicle not required to be
titled under the laws of this state is presumed to be the property of the person in possession of the vehicle.

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For Information on some of the Penalties, Fines and Points for Civil Traffic Infractions click on the following links:

Florida Statute 318.14 - Noncriminal traffic infractions; exception; procedures.

Florida Statute 318.143 - Sanctions for infractions by minors.

Florida Statute 318.15 -Failure to comply with civil penalty or to appear; penalty.

Florida Statute 318.18 - Amount of penalties (Fines assigned for Specific Traffic Infractions).

Florida Statute 322.27 - Authority of department to suspend or revoke license. (Points assigned for Specific
Traffic Crimes and Inffractions)

For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.