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Evading the police is a serious offense in Florida, and the consequences can have a lasting impact on your life. Whether the attempt to flee occurs during a traffic stop or a more significant criminal investigation, fleeing from law enforcement can result in felony charges, severe penalties, and a permanent mark on your criminal record. In Sarasota, evading the police is governed by Florida state law, but local law enforcement and courts may approach these cases with unique nuances.
In this blog from Stoddard Law Firm, we will explain Florida’s laws on evading the police, the potential penalties, and how having a qualified attorney can make a significant difference in the outcome of your case.
What is Considered Evading the Police in Florida?
Under Florida law, evading the police is officially known as “fleeing or attempting to elude a law enforcement officer.” According to Florida Statute 316.1935, this occurs when a driver knowingly ignores a police officer’s signal to stop their vehicle. The law applies whether the officer uses lights, sirens, or verbal commands to signal the driver to pull over.
Fleeing from the police can take many forms, including:
- Refusing to stop when ordered by an officer.
- Speeding away from law enforcement after a traffic stop.
- Engaging in a high-speed chase to avoid apprehension.
It’s important to note that evading the police is a separate charge from resisting arrest, which involves physical or verbal obstruction of an officer’s lawful duties. Evading the police specifically refers to the act of fleeing in a vehicle or attempting to escape capture.
How Evasion of Police is Charged in Florida
Evading the police in Florida is typically charged as a felony. The degree of the felony depends on the circumstances of the offense. A basic charge of fleeing and eluding is a third-degree felony, which can result in severe penalties, including imprisonment, fines, and the loss of driving privileges.
However, if certain aggravating factors are present, the charge can escalate to a second-degree felony. Aggravating factors include:
- High-Speed Chases: If the driver speeds away or engages in a dangerous chase.
- Driving Under the Influence (DUI): If the person fleeing is found to be intoxicated.
- Injuries or Damage: If the fleeing results in serious injury, property damage, or the death of another person.
Each of these factors significantly increases the potential consequences, as the law considers them to be reckless behavior that puts the public at risk.
Potential Consequences and Penalties for Evading the Police
The penalties for evading the police in Florida vary based on the severity of the crime and any aggravating circumstances. Even for a third-degree felony, the consequences are harsh:
- Up to five years in prison.
- Fines of up to $5,000.
- Mandatory license revocation for at least one year.
If the charge is elevated to a second-degree felony due to reckless driving or the presence of injuries, the penalties increase significantly:
- Up to 15 years in prison.
- Fines of up to $10,000.
- Longer periods of license suspension or permanent revocation.
In addition to legal penalties, having a felony conviction on your record can affect future employment opportunities, housing options, and your ability to secure loans or professional licenses.
Defenses Against Evasion of Police Charges
If you are charged with evading the police, it’s crucial to understand that you still have legal options. A skilled defense attorney can help you build a strong case by examining the circumstances surrounding your arrest. Some common defenses against evasion charges include:
- Lack of Intent: You may not have realized that the officer was signaling you to stop, especially in cases where the signal wasn’t clear.
- Emergency Situations: If you were fleeing because of a legitimate emergency (e.g., a medical issue), this could potentially reduce the charges or penalties.
- Mistaken Identity: If someone else was driving your vehicle or if you were misidentified, this could result in the dismissal of charges.
In many cases, having video evidence (such as dashcam footage) or eyewitness testimony can help support these defenses.
Why You Need an Attorney if You’re Charged with Evading the Police
If you are facing charges for evading the police, hiring an experienced attorney is critical. Florida’s laws are complex, and a conviction for fleeing law enforcement can have life-altering consequences. A knowledgeable attorney can:
- Negotiate reduced charges: In some cases, it may be possible to have felony charges reduced to misdemeanors or to secure alternative sentencing options, such as probation.
- Challenge the evidence: An attorney can carefully review the circumstances of the stop, including whether the officer followed proper procedures when signaling you to stop.
- Present mitigating factors: If you were in an emergency situation or had a legitimate reason for failing to stop, your attorney can present this information to the court in a way that may reduce penalties.
Secure Your Future with Experienced Legal Help
Evading the police in Florida is a serious crime with severe consequences, including felony charges, prison time, and the loss of your driving privileges. Like other areas of Florida, Sarasota takes these offenses seriously and often imposes strict penalties. If you face charges for fleeing or attempting to elude law enforcement, it is crucial to seek legal help immediately.
Contact us today for a consultation. Our experienced attorneys can help guide you through the legal process and work to achieve the best possible outcome in your case.