Why Aggravated Fleeing Charges Now Carry Tougher Sentencing Scores and Why You Need a Florida Aggravated Fleeing Law Enforcement Causing Injury or Property Damage Defense Lawyer

Florida lawmakers recently passed House Bill 113, which significantly changed how fleeing and eluding offenses are treated under state sentencing laws. While running from police has always carried serious consequences, the new law raises the level of severity when a crash causes injury or property damage.

As of October 1, 2025, aggravated fleeing after a crash with injury or property damage is now ranked as a Level 6 offense on Florida’s Criminal Punishment Code offense severity chart. Previously, this offense was listed at Level 5. While the difference may seem small on paper, moving up one level on the chart directly increases the minimum points scored and the likelihood of mandatory prison time if convicted.

As a Florida defense attorney, I know that one decision in the heat of the moment can alter a person’s life forever. My job is to fight aggressively for those accused of fleeing law enforcement so they are not defined by one mistake. In this page, I explain the statute, what the changes mean, defenses that may apply, and why retaining a private defense lawyer is the most important step you can take.

The Law: Florida Statute § 316.1935

The primary statute covering fleeing and eluding is Florida Statute § 316.1935, titled Fleeing or attempting to elude a law enforcement officer. Subsection (4) specifically covers aggravated cases involving crashes, injury, or property damage:

Florida Statute § 316.1935(4):

“Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash, having knowledge of an order to stop by a duly authorized law enforcement officer, and who causes injury or property damage to another person, commits aggravated fleeing or attempting to elude, a felony of the second degree.”

A felony of the second degree is punishable by up to 15 years in prison and a $10,000 fine under § 775.082 and § 775.083.

With the passage of House Bill 113, this offense is now ranked Level 6 on Florida’s offense severity ranking chart. That means, even before adding prior record points, the baseline score is higher. A defendant who previously may have scored under the threshold for mandatory prison is now more likely to face incarceration if convicted.

What House Bill 113 Changed

Before the amendment, aggravated fleeing after a crash causing injury or property damage was ranked at Level 5. At Level 5, the offense scored 28 points. Now, at Level 6, it scores 36 points.

Why does this matter? Under the Criminal Punishment Code, once a person’s total sentence points exceed 44, the judge must impose prison unless a valid departure is granted. By raising the score from 28 to 36, the legislature made it much easier for prosecutors to push cases above that threshold.

For example:

  • Old law (Level 5): A defendant with no prior record scored 28 points. That left room for probation or community sanctions.
  • New law (Level 6): That same defendant now scores 36 points. Add even a minor prior offense or victim injury points, and the total exceeds 44, requiring prison time.

This legislative change is designed to deter fleeing by increasing the certainty of incarceration if convicted.

Why You Need a Private Defense Lawyer

Fleeing charges are rarely clear-cut. Police reports often exaggerate or misstate what occurred. Dashcam and bodycam footage can show a different story. In my experience, a private attorney can immediately investigate evidence, file motions, and challenge the prosecution in ways that public defenders simply do not have the resources to pursue.

For example, I frequently obtain independent accident reconstruction experts to challenge claims of property damage or injury. Sometimes the alleged “injury” is minor and does not support the severity level the state is pursuing. A private attorney can fight to reduce the level of offense, potentially dropping it back to Level 5 or even a non-aggravated fleeing charge.

Defenses to Aggravated Fleeing Charges

Every case is different, but several defenses are commonly available in Florida aggravated fleeing cases:

Lack of Knowledge of Police Signal

The statute requires proof that you had knowledge of an order to stop. If lights and sirens were not clearly activated, or if another vehicle’s noise or traffic conditions interfered, the state may not be able to prove knowledge.

Identity Defense

In some cases, especially where no arrest occurs at the scene, the state may rely on witness description rather than solid proof that you were the driver. If the prosecution cannot prove who was behind the wheel, the case may collapse.

Lack of Intent to Flee

If you left the scene of a crash out of confusion, fear, or to seek medical help rather than intentionally fleeing law enforcement, your attorney can argue the state has not met its burden of proof.

Challenging Injury or Damage Claims

The “aggravated” enhancement depends on injury or property damage. If evidence shows no actual damage or only minimal scrapes, your attorney can argue the enhancement does not apply.

Suppression of Evidence

Traffic stops must comply with constitutional search and seizure laws. If police violated your rights, any evidence collected may be suppressed.

Real Case Example

Several years ago, I represented a young man in central Florida accused of aggravated fleeing after a minor crash. Police alleged he ran a red light, clipped another car, and then drove away when they tried to pull him over.

The state charged him with second-degree felony aggravated fleeing, Level 5 at the time. He was terrified because the potential sentence included mandatory prison time.

I obtained the intersection video and discovered the other driver had actually swerved unexpectedly, causing the contact. The “injury” claimed by the other driver turned out to be nothing more than a stiff neck documented days later, with no medical treatment.

I filed motions challenging both the injury classification and whether my client knowingly fled from law enforcement. After hearings, the judge suppressed certain statements and ruled that the state’s injury points did not apply. The prosecution reduced the charge to reckless driving, and my client avoided prison entirely.

With House Bill 113 now in effect, a case like his would have been scored even higher, making it even more important to fight aggressively.

Other Relevant Florida Statutes

In addition to § 316.1935, several other statutes play a role in these cases:

  • § 316.027 (Leaving the Scene of a Crash): Applies when a driver fails to remain after a crash causing injury or death.
  • § 322.34 (Driving While License Suspended): Often charged together with fleeing if the driver’s license was not valid.
  • § 775.082 and § 775.083: Outline penalties for second-degree felonies, including up to 15 years in prison and $10,000 fines.

Understanding how these statutes interact is crucial. Prosecutors often stack charges to increase pressure on defendants to accept plea deals. A private defense lawyer can fight each count strategically.

Why House Bill 113 Should Concern You

The message from the legislature is clear: running from law enforcement, particularly after a crash, will now be treated more harshly than ever before.

What used to be a case where probation was a realistic outcome may now trigger mandatory prison. Sentencing judges have less flexibility, and prosecutors will argue that the legislature intended stricter punishment.

The best defense is a strong offense: getting an attorney on board quickly to investigate, challenge, and negotiate.

Florida Aggravated Fleeing Law Enforcement Causing Injury or Property Damage Defense FAQs

What does it mean that aggravated fleeing is now Level 6 instead of Level 5?

The offense severity ranking chart sets the base points for sentencing. Moving from Level 5 to Level 6 increases the points from 28 to 36. While that may sound minor, it dramatically increases the likelihood that a person will exceed 44 total points and therefore face mandatory prison time if convicted.

Is aggravated fleeing always a second-degree felony?

Yes, under § 316.1935(4), aggravated fleeing causing injury or property damage is a second-degree felony. That carries up to 15 years in prison, 15 years of probation, and a $10,000 fine. However, if death is involved, the offense can be enhanced even further to a first-degree felony.

Can the state prove aggravated fleeing without actual injury?

No. To elevate the charge to aggravated fleeing, the state must prove actual injury or property damage. If no injury or damage occurred, the proper charge is a lesser form of fleeing or eluding. Your defense attorney can fight to have the enhancement removed if the evidence does not support it.

What if I left the scene because I was scared, not to run from the police?

Intent matters. The prosecution must prove you knew law enforcement ordered you to stop and you chose not to comply. If you panicked or did not realize police were signaling you, your attorney may argue the state cannot prove intent.

Can a plea deal reduce the severity of my charge?

Yes. In many cases, an attorney can negotiate a plea to reckless driving or leaving the scene without the aggravated enhancement. This can mean probation instead of prison. Having an attorney with trial experience is critical to achieving favorable deals.

How does a prior record affect sentencing for aggravated fleeing?

Prior record adds points under the Criminal Punishment Code. Because the new law starts the offense at 36 points, even a small prior record can push the total above 44 points, making prison mandatory. An attorney may file for a downward departure to avoid incarceration.

Do prosecutors always charge aggravated fleeing after a crash?

Not always. In borderline cases, law enforcement or the prosecutor may charge a lesser form of fleeing if damage or injury cannot be clearly proven. That is why early legal intervention matters: your attorney can push for reduced charges from the start.

How can a Florida Aggravated Fleeing Law Enforcement Causing Injury or Property Damage Defense Lawyer fight my case?

A private defense attorney can obtain videos, challenge accident reconstruction evidence, question injury claims, and file suppression motions to exclude illegally obtained evidence. Each step is designed to create doubt, reduce the severity of the charge, or achieve dismissal altogether.

Contact a Florida Aggravated Fleeing Law Enforcement Causing Injury or Property Damage Defense Lawyer Today

The stakes for aggravated fleeing charges are now higher than ever under House Bill 113. A single decision can result in a second-degree felony and mandatory prison time. Do not face this alone.

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 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.