There are few moments more stressful than seeing red and blue lights in your rearview mirror. Maybe you panicked. Maybe you didn’t think they were trying to stop you. Or maybe you made the decision to keep driving—thinking it would be better to deal with the consequences later. The problem is, under Florida law, what starts as a traffic stop can quickly turn into a felony arrest if you're accused of fleeing or attempting to elude.

As a Florida criminal defense attorney, I represent clients charged with fleeing and eluding under Florida Statute §316.1935. Many are shocked to learn that even if no one was injured and there wasn’t a crash, the charges they’re facing carry years in prison and a felony conviction that can follow them for life.

Let me explain how these charges work, what the law says, and how I defend clients in cases like this.

What Is Fleeing or Attempting to Elude in Florida?

Florida Statute §316.1935 outlines multiple levels of fleeing and eluding, starting with a basic offense and increasing in severity depending on the circumstances. This is not a traffic infraction, it is a criminal offense. Even the lowest level is a third-degree felony.

The basic elements of the offense include:

  • A law enforcement officer is in an authorized patrol vehicle with agency markings and sirens,

  • You are directed to stop or pull over,

  • You willfully refuse or fail to stop, or you stop and then drive away.

You don’t have to be speeding away at high speed to be charged. Simply not pulling over when directed can be enough.

Florida Statute §316.1935 – The Language and Penalties

Here’s what the statute actually says:

(1) “It is unlawful for the operator of any vehicle, having knowledge that he or she has been directed to stop such vehicle by a duly authorized law enforcement officer, to willfully refuse or fail to stop the vehicle in compliance with such direction.”

This is the base offense, which is a third-degree felony, punishable by up to 5 years in prison and a mandatory driver’s license revocation of 1 to 5 years.

But the charges get more serious quickly.

(2) If, in fleeing, the driver does so at high speed or in a manner demonstrating a wanton disregard for safety, the charge becomes a second-degree felony, punishable by up to 15 years in prison and a 3-year mandatory minimum driver’s license suspension.

(3)(a) If the fleeing results in serious bodily injury or death, the charge becomes a first-degree felony, with penalties of up to 30 years in prison, mandatory prison time, and a permanent license revocation.

Felony vs. Misdemeanor Fleeing in Florida

Under Florida law, there is no misdemeanor version of fleeing and eluding. It is always a felony offense, no matter the circumstances. This surprises many people, especially those who didn’t speed off or were scared and confused in the moment. You could be facing a felony conviction even if:

  • No one was injured,

  • You pulled over shortly after,

  • You thought the officer wasn’t signaling you,

  • You were in a poorly lit or dangerous area and were trying to find a safe place to stop.

This is why it’s so important to have a Florida Fleeing and Eluding Defense Lawyer who understands how to argue the facts of your case—and how to show that your actions didn’t meet the standard for a felony.

Real Case Example: Charges Dropped After Investigation

A young woman in her early 20s was accused of fleeing and eluding after an officer claimed she failed to stop during a nighttime traffic enforcement operation in Southwest Florida. She was scared, had never been pulled over before, and continued driving for two miles before pulling into a gas station with lights and cameras.

Police arrested her for felony fleeing with wanton disregard for safety under §316.1935(2), and prosecutors initially sought a plea that included a felony conviction and jail time.

We immediately requested dashcam and bodycam footage, GPS data, and cell tower records. The footage showed she did not drive recklessly and had her hazard lights on. Our client was driving at the speed limit and stayed in her lane. After presenting this evidence during pre-filing discussions, prosecutors agreed to drop the felony charge in exchange for a civil traffic citation for failure to yield.

Had we not intervened quickly, she could have ended up with a felony record for the rest of her life over a misunderstanding.

Key Legal Defenses to Fleeing and Eluding Charges

No Knowledge of the Stop

If the prosecution can’t prove you knew law enforcement was trying to stop you, the charge may not hold. Maybe you didn’t hear the siren or see the lights. This defense often applies in high-traffic or low-visibility situations.

Lack of Willful Intent

The statute requires that your failure to stop was “willful.” If your actions were based on fear, confusion, or trying to find a safe location, we can argue that you were not willfully fleeing.

Unsafe or Isolated Area

Some clients continue driving to a better-lit, more public location before pulling over. We can present this as a reasoned decision, not criminal intent.

Mistaken Identity

If no clear video or eyewitnesses identify you as the driver, we can challenge whether you were even behind the wheel. In some cases, law enforcement may arrest the wrong person based on the vehicle’s registration alone.

Challenging the Officer’s Compliance

Under §316.1935, the officer must be in an authorized patrol vehicle with sirens and markings. If this requirement is not met, the stop may not have been lawful, and the fleeing charge can be attacked.

Private Legal Representation Can Make the Difference

The moment you’re arrested for fleeing and eluding, the state begins building its case against you. Prosecutors may file charges that don’t match the actual conduct. They may assume you were trying to escape something. And they may use bodycam or dashcam footage selectively to justify harsher penalties.

As a private criminal defense attorney, I know how to challenge every assumption. I subpoena the full video footage, request dispatch logs, and get ahead of the case before charges are even filed in some cases. Public defenders are often overwhelmed and may not have the resources to do this kind of early case work.

When you’re facing prison time and a felony conviction, you deserve someone who treats your case as the priority—not just another file in the stack.

How Fleeing Charges Affect Your Driver’s License

Many people are unaware that fleeing and eluding charges come with mandatory license suspensions, separate from any other criminal penalties:

  • Third-degree felony: 1 to 5-year revocation

  • Second-degree felony: 1 to 5-year revocation

  • First-degree felony (serious injury): Permanent revocation

These suspensions are imposed regardless of your driving record. You cannot get a hardship license while serving a revocation for fleeing and eluding. That’s why beating the charge—or reducing it to a non-felony offense—is often the only way to keep your license.

How We Build a Strong Defense

Each case is different, but the approach is always aggressive and proactive. As your Florida Fleeing and Eluding Defense Lawyer, I’ll:

  • Obtain and analyze all dashcam, bodycam, and GPS evidence,

  • Identify and subpoena any witnesses,

  • Review traffic and audio dispatch logs for timing discrepancies,

  • Evaluate whether the officer’s vehicle was properly marked and equipped,

  • Challenge the narrative that your actions were reckless or wanton,

  • Seek charge reduction to a non-criminal traffic offense if supported by facts.

The earlier I can get involved, the more options we have to control the outcome of your case.

Florida Fleeing and Eluding Defense FAQs

Can I be charged even if I eventually stopped?

Yes. If law enforcement claims you didn’t stop “immediately,” they may still charge you with fleeing or eluding. The key question is whether your delay was intentional or due to confusion, fear, or looking for a safe location. A strong defense can present context to counter the allegation of willful evasion.

What’s the difference between fleeing and resisting arrest?

Fleeing to elude under §316.1935 applies when you fail to stop your vehicle for law enforcement. Resisting arrest, found in §843.02 or §843.01, typically involves physical resistance after the stop. Both can be charged together in some cases, but they are separate crimes with different elements.

What are my chances of getting the charge dropped or reduced?

If this is your first offense and there were no injuries, a good defense attorney can often negotiate a reduction, such as to reckless driving or even a civil infraction. Each case depends on the facts, including how far you drove, how fast, and why you didn’t stop.

How long does the case take?

Fleeing and eluding cases can take several months to resolve, especially if we are gathering evidence, filing motions, and working on plea negotiations. Early intervention by a private attorney can sometimes shorten the timeline by resolving the case before formal charges are filed.

What if I had a suspended license at the time?

You could face additional charges under §322.34 for driving with a suspended license. Prosecutors may argue that fleeing was an attempt to avoid that separate charge. However, we can challenge whether that was your true intent and potentially separate the cases.

Will this affect my immigration status?

Yes. Fleeing to elude is a felony and considered a “crime involving moral turpitude” by immigration authorities. It can lead to removal proceedings if you are not a U.S. citizen. You need to inform your attorney immediately if you have any immigration concerns.

Should I accept a plea if I’m offered probation?

It depends on whether the plea includes a felony conviction. Even probation with no jail time can leave you with a permanent felony record. I often push to have these charges reduced to misdemeanors or civil traffic infractions, especially for first-time offenders.

Can a fleeing charge be sealed or expunged?

If you are convicted—even if adjudication is withheld—you cannot seal or expunge a fleeing and eluding charge. However, if the charge is dismissed or dropped to an eligible offense and you otherwise qualify, sealing may be possible. That’s why fighting the charge is so important.

Can I still drive during the case?

In most cases, yes, unless your license is suspended for another reason. But if you’re convicted, the judge will impose a license revocation, and you cannot obtain a hardship license during that period.

How soon should I hire a Florida Fleeing and Eluding Defense Lawyer?

Immediately. The first few days after your arrest are critical. I can often intervene before charges are formally filed, contact the prosecutor, and begin preserving video evidence. The sooner I’m involved, the better the chance of a favorable outcome.

Contact a Florida Fleeing and Eluding Defense Lawyer 24/7

If you’ve been arrested or charged with fleeing or attempting to elude law enforcement in Florida, the consequences are serious and long-lasting. A felony conviction, prison time, and the loss of your license are all on the table. But with the right defense, it may be possible to reduce or dismiss the charges before they define your future.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation – Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.