Why You Need a Florida High-Speed Fleeing Law Enforcement with Lights and Siren Activated Defense Lawyer

Florida lawmakers recently passed House Bill 113, and the changes are already having a major impact on people accused of fleeing from police. Before this update, fleeing and eluding at high speed with lights and sirens activated was considered a Level 4 offense on Florida’s Offense Severity Ranking Chart. That chart is one of the main tools judges use when calculating prison sentences. As of October 1, 2025, this same conduct is now a Level 5 offense. That bump might sound small on paper, but in practice it means longer prison terms, harsher plea negotiations, and higher stakes for anyone charged.

As a Florida criminal defense attorney who has defended these cases across the state, I have seen firsthand how quickly a moment of panic can lead to serious felony charges. My job is to fight back against the state’s efforts to lock people into years behind bars. Each section below explains what the law says, why the changes matter, the possible defenses, and why having private counsel is not just helpful but essential.

The Statutory Framework: What Florida Law Says About Fleeing and Eluding

Florida’s fleeing and eluding laws are set out in Florida Statutes § 316.1935. The key provision relevant to House Bill 113 states:

“It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop 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 in doing so 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.”

This statute has always carried steep penalties, but the severity ranking upgrade under House Bill 113 means the base sentence score is higher than before. Judges rely on this score to determine prison exposure, so the higher the ranking, the less discretion a judge has to impose probation or a short jail sentence.

How the Offense Severity Ranking Chart Works

Florida’s Criminal Punishment Code Offense Severity Ranking Chart assigns every felony offense a level from 1 to 10. Level 1 offenses are the least serious, Level 10 are the most. The level determines how many “sentence points” are assessed.

  • Before HB 113, high-speed fleeing with lights and sirens was a Level 4 offense.

  • Now, it is a Level 5 offense.

That jump increases the minimum guideline sentence, which means prison is more likely even for first-time offenders. It also increases the leverage prosecutors have when pushing for harsh plea agreements. Without aggressive defense, people are more likely to face years in prison rather than probation or community sanctions.

Real Case Example: How I Defended a Fleeing and Eluding Charge

Not long ago, I represented a young man in Central Florida who panicked when he saw flashing lights behind him. He had a suspended license and was terrified of going to jail. Instead of stopping, he drove for several miles before finally pulling over. The state charged him with fleeing and eluding with lights and sirens.

Through investigation, I discovered that the pursuing officer’s dashcam did not show clear evidence that my client was driving at “high speed” as defined by the statute. The video also raised questions about whether the officer’s lights were fully activated during the initial pursuit. After presenting these issues to the prosecutor, I was able to negotiate a reduction of the charge to reckless driving, a misdemeanor. My client avoided a felony conviction and prison time.

This case illustrates why having a private defense attorney is critical. Without aggressive scrutiny of the evidence, that young man would almost certainly have gone to prison.

Penalties Under Florida’s High-Speed Fleeing Law

When charged under § 316.1935(3), the penalties are severe:

  • Second-degree felony conviction

  • Up to 15 years in prison

  • Up to 15 years probation

  • Up to $10,000 in fines

  • Driver’s license revocation for a minimum of 1 year and up to 5 years

  • Permanent felony record

With House Bill 113 elevating the ranking, judges are less likely to grant probation. Even people with no criminal history can now face mandatory prison. That is why every aspect of the defense must be examined closely.

Defenses to High-Speed Fleeing and Eluding

There are many ways to defend these charges, depending on the facts. Some defenses I regularly pursue include:

Lack of knowledge of the stop order: The state must prove the driver knew a law enforcement officer ordered them to stop. If the lights or sirens were not clearly visible or audible, this defense may apply.

No high speed or wanton disregard: The statute requires proof of driving at high speed or with reckless disregard. If dashcam footage shows otherwise, the charge may not hold.

Necessity or duress: In rare cases, a driver may argue they fled due to an emergency or threat to their safety.

Improper stop or unlawful pursuit: If the traffic stop itself violated constitutional protections, evidence from the stop may be suppressed.

A private attorney has the resources to subpoena dashcam footage, cross-examine officers, and present alternative explanations that can make the difference between prison and a reduced charge.

Other Relevant Florida Statutes That May Come Into Play

While § 316.1935 is the primary statute, other laws often overlap in these cases:

  • § 322.34 – Driving While License Suspended: Often paired with fleeing charges when a driver has licensing issues.

  • § 316.192 – Reckless Driving: Prosecutors may agree to reduce fleeing charges to reckless driving if defense evidence is strong.

  • § 775.082 and § 775.083 – Sentencing Statutes: Set maximum penalties for felonies and misdemeanors.

Understanding how these statutes interact allows me to build creative strategies to minimize exposure for my clients.

Why Private Counsel is Crucial

Public defenders are often skilled lawyers, but they are burdened with overwhelming caseloads. In a case where the difference between probation and years in prison rests on dashcam analysis, witness interviews, and motion practice, private defense makes a critical difference. I have the ability to focus deeply on the facts, challenge the state’s case aggressively, and negotiate from a position of strength.

Clients who invest in private defense often see results like reduced charges, shorter sentences, or even dismissals. With House Bill 113 raising the stakes, the need for strong representation is greater than ever.

Florida High-Speed Fleeing Law Enforcement with Lights and Siren Activated Defense FAQs

What changed under House Bill 113 for fleeing and eluding charges?
House Bill 113 reclassified fleeing and eluding with high speed and lights and sirens activated from a Level 4 to a Level 5 offense on Florida’s Offense Severity Ranking Chart. This means the sentencing guidelines are harsher, and defendants are more likely to face prison time instead of probation. Judges use the ranking chart to calculate sentences, so the change has a direct and serious impact.

Is fleeing from police always a felony in Florida?
Yes, under § 316.1935, all forms of fleeing and eluding are felony offenses. However, the degree varies depending on factors like high speed, sirens, lights, and whether the driver caused injury. Basic fleeing is a third-degree felony, high-speed fleeing is a second-degree felony, and if injury results, it can become a first-degree felony.

Can police prove fleeing without dashcam evidence?
Yes, they can, but dashcam footage is often central to the state’s case. Without clear footage, prosecutors must rely heavily on officer testimony. That opens opportunities for cross-examination and credibility challenges. A defense attorney can attack inconsistencies in reports and testimony to weaken the state’s case.

What if I didn’t realize the police were trying to stop me?
Knowledge is a required element of the offense. If you can show you did not reasonably know the officer was trying to stop you—perhaps because the lights were not visible or sirens were not audible—that can be a defense. This is especially relevant at night or in heavy traffic conditions.

Can the charge be reduced to reckless driving?
Yes. Many fleeing cases are resolved through plea negotiations to reckless driving under § 316.192. Reckless driving is still serious, but it is a misdemeanor in many cases and avoids a felony record. A defense attorney can push prosecutors toward this option by showing weaknesses in the state’s evidence.

What are the long-term consequences of a fleeing conviction?
A felony fleeing conviction leads to permanent loss of civil rights until restored, driver’s license revocation, difficulty finding jobs, housing issues, and immigration problems for non-citizens. It is not just about prison time—it affects every part of a person’s future.

Why should I hire a Florida High-Speed Fleeing Law Enforcement with Lights and Siren Activated Defense Lawyer instead of taking a plea?
Because the upgraded severity ranking under HB 113 gives prosecutors more leverage, taking the first plea offer without a fight almost guarantees a long prison term. A private lawyer can file motions, challenge evidence, and negotiate from strength, often leading to reduced charges or alternative sentencing.

 

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 over 30 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.