Florida Statute § 316.1935 specifically governs criminal charges related to fleeing or attempting to elude law enforcement officers. Understanding the complexities of this statute, as well as the criminal case process and potential defenses, can provide invaluable insight to anyone facing such charges.

Florida Statute § 316.1935 Explained

Florida Statute § 316.1935 states that it is illegal to knowingly flee or attempt to elude a law enforcement officer who is lawfully engaged in the execution of his or her duties. The charges can vary from a third-degree felony to a first-degree felony depending on the specifics of the case, such as whether high speed or reckless driving was involved, or if someone was seriously injured or killed as a result.

Examples of Fleeing Police

Fleeing from police can take many forms, and here are a few examples:

  1. High-Speed Chase: One of the most common and high-risk examples of fleeing police is engaging in a high-speed chase. This situation usually starts with a routine traffic stop, but instead of pulling over, the driver accelerates and attempts to evade the police.
  2. Ignoring Sirens and Lights: If a police officer turns on their sirens and lights indicating that a driver should pull over, but the driver keeps going, that can be considered fleeing. It doesn't need to be a high-speed chase; simply not stopping can lead to a charge of fleeing or eluding.
  3. On Foot After a Vehicle Stop: If an individual is stopped while driving and then runs away on foot, this could also be considered fleeing or eluding police. This might occur if the individual has a warrant for their arrest, is in possession of illegal items, or is driving under the influence.
  4. Resisting Arrest: If a police officer is attempting to arrest someone and they physically struggle or run away, this could be considered a form of fleeing or resisting law enforcement.
  5. Hiding from Police: Hiding from police officers after they have signaled for you to stop can also be considered a form of fleeing. For example, if a driver ducks into an alley or parking lot to evade a police officer, this could lead to charges.

It's essential to note that not every instance of these actions will be considered fleeing or eluding police. There are other factors that come into play, such as whether the officer was clearly identifiable as law enforcement and whether the individual knew that they were being pursued by law enforcement. As such, the exact circumstances of each case can greatly affect the potential charges and defenses. If you find yourself in such a situation, it is essential to contact a lawyer as soon as possible.

Criminal Case Process in Florida

The criminal case process for a charge under this statute generally follows these steps:

  1. Arrest: The police officer must have reasonable suspicion to initiate a traffic stop, and if you're accused of fleeing, they will arrest you.
  2. First Appearance: Here, you'll learn about the charges and potential penalties, and a judge will set your bail amount.
  3. Discovery: The prosecutor and defense attorney exchange information about the case.
  4. Plea Bargaining: Your attorney may negotiate with the prosecutor for a plea deal to reduce charges or sentencing.
  5. Trial: If no plea deal is reached, the case goes to trial where the prosecution must prove their case beyond a reasonable doubt.

Elements Prosecution Must Prove to Get a Conviction in a Fleeing Police Case in Florida

To secure a conviction under Florida Statute § 316.1935, the prosecution must prove beyond a reasonable doubt:

  1. The accused was operating a vehicle on Florida roads.
  2. A duly authorized law enforcement officer ordered the accused to stop or remain stopped.
  3. The officer was in uniform, with his or her vehicle displaying lights and siren.
  4. The accused, knowing he or she had been directed to stop by a police officer, willfully refused or failed to stop the vehicle or, having stopped, willfully fled in an attempt to elude the officer.

Fleeing Police Penalties in Florida

Under Florida Statute § 316.1935, penalties for fleeing or eluding are serious.

  1. If convicted of a third-degree felony, a defendant faces up to five years in prison, five years of probation, and a $5,000 fine.
  2. The penalties increase if the defendant drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property, which raises the charge to a second-degree felony, carrying a maximum of 15 years in prison and a $10,000 fine.
  3. If someone is seriously injured or killed during the incident, the defendant could be charged with a first-degree felony, facing up to 30 years in prison and a $10,000 fine.

The Negative Consequences of a Conviction

A conviction under this statute could result in the automatic revocation of your driver's license and a criminal record that might affect employment, housing, and other aspects of your life.

The Top Ten Potential Defenses for a Fleeing Police Charge in Florida

  1. Lack of Knowledge: The defendant didn't realize they were being pursued by law enforcement.
  2. Emergency Situation: The defendant had a legitimate emergency.
  3. Vehicle Identification: The police vehicle wasn't properly identifiable.
  4. Officer Misconduct: The officer wasn't in lawful execution of his or her duties.
  5. No Willful Disregard: The defendant didn't show a wanton disregard for safety.
  6. Insufficient Evidence: The prosecution cannot prove beyond a reasonable doubt.
  7. Violation of Rights: The police violated the defendant's rights
  8. Duress or Necessity: The defendant had to flee due to an imminent threat or danger.
  9. Faulty Traffic Stop: The initial traffic stop was not based on reasonable suspicion or probable cause.
  10. Mistaken Identity: The defendant was not the person who fled from law enforcement.

Despite the severity of the charges and potential penalties, an experienced defense attorney can provide effective legal strategies tailored to your case.

If you or a loved one is facing charges under Florida Statute § 316.1935, it is critical to contact our skilled criminal defense attorneys immediately. At Musca Law, P.A., we have a team of dedicated attorneys with comprehensive knowledge of Florida's traffic laws and the defense strategies that are most effective for charges of fleeing or eluding law enforcement.

With decades of combined legal experience, our attorneys understand the serious nature of these charges and the dire consequences a conviction can carry. We are committed to fighting tirelessly for the rights of our clients and working diligently to secure the best possible outcome for your case.

Charged under Florida Statute § 316.1935?

Don't face these charges alone. Musca Law, P.A. is here to help. We are available 24/7 to discuss your case, explain your legal options, and start building a strong defense on your behalf. Call us today, toll-free, at 1-888-484-5057 to schedule a free, confidential case review with one of our seasoned defense attorneys. Remember, time is of the essence, and the sooner you act, the better your chances of a favorable outcome.