West Palm Beach Fleeing or Eluding Lawyer

Committed to Fighting for You

In Florida, fleeing or attempting to elude a law enforcement officer is always a felony offense, ranging from a third-degree to a first-degree felony charge. Along with facing prison time, probation, and/or steep fines, if you’re convicted, you could lose your driving privileges for 1 to 5 years, and your vehicle may be forfeited. The punishments have the potential to ruin your life for years, and you may feel the effects long after you have completed your sentence. The most effective way to work toward avoiding such consequences is to fight the charges aggressively from the start. To do that, you need a seasoned attorney on your side who understands the law and knows how to protect your rights.

At the Law Offices of Greg Rosenfeld, P.A., Attorney Greg Rosenfeld has extensive experience helping the accused seek favorable outcomes in their cases. He has handled thousands of criminal matters and has defended clients in over 50 trials. Past clients and peers have recommended his services, and he remains committed to providing the high-quality representation those facing charges need. Additionally, he has received several remarkable recognitions, including being named to the 2020 Florida Rising Stars list and earning an AV Preeminent® rating, the highest possible, from Martindale-Hubbell®.

Fleeing and Eluding Charges in Florida

Florida Statute 316.1935 is the law concerning fleeing or attempting to elude a law enforcement officer.

The level of charge and penalties a driver may face for the offense depend on the specific subsection of the statute the individual allegedly violated:

• Subsection (1) – Fleeing to elude an officer. This offense occurs when a motorist, knowing that he or she had been ordered to stop by a law enforcement officer:
  • Willfully disregards the officer's request and fails to stop the vehicle, or
  • After stopping for a law enforcement officer, willfully flees from the scene
• Subsection (2) – Fleeing to elude a law enforcement officer (siren and lights activated). This offense occurs when a driver, knowing that he or she had been ordered to stop by a law enforcement officer:
  • Willfully flees or attempts to elude the officer, and
  • The officer was in a marked vehicle with siren and lights activated

A violation of subsection (1) or subsection (2) is a third-degree felony, with the latter considered a higher level of a third-degree felony. The potential conviction penalties include imprisonment for up to 5 years, probation for up to 5 years, and/or a fine of up to $5,000. In addition, if a person is convicted of fleeing or eluding, the court must suspend his or her driver’s license for a minimum of 1 year, and the court may, at its discretion, suspend the driver’s license for up to 5 years.

• Subsection (3)(a) – Fleeing to elude a law enforcement officer (siren and lights activated with high speed or reckless driving). A person may be charged with this offense if he or she, while fleeing or attempting to elude a law enforcement officer with siren and lights activated, is: 
  • Speeding, or
  • Driving without regard for the safety of persons or property