Being accused of fleeing and eluding a law enforcement officer is a serious felony in Florida. Depending on the circumstances, a conviction can carry years in prison, a lengthy driver's license suspension, and a permanent felony record.
 
At The Law Office of Matthew Konecky, P.A., we defend clients throughout Palm Beach County and across South Florida who are facing charges under Florida Statute §316.1935.
 
If you have been arrested for fleeing and eluding in Florida, it is important to understand exactly what the State must prove and the severe penalties involved.
 

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Table of Contents

What Is Fleeing and Eluding Under Florida Law?

Under Florida Statute §316.1935, it is unlawful for a driver, knowing that a law enforcement officer has ordered them to stop, to willfully refuse or fail to stop, or to flee after initially stopping.

Prosecutors must generally prove:

  • The officer was authorized to conduct a traffic stop.

  • The officer was operating an appropriately marked patrol vehicle.

  • The officer activated lights and sirens.

  • The driver knew he or she was being directed to stop.

  • The driver willfully refused to stop or attempted to flee.

Not every failure to immediately pull over is a crime. Confusion, inability to safely stop, lack of knowledge, or issues with identification of the pursuing vehicle may create defenses.

Simple Fleeing and Eluding – Third-Degree Felony | §316.1935(2)

A person commits a third-degree felony if they:

  • Willfully flee or attempt to elude a law enforcement officer;

  • The officer is in an authorized, clearly marked patrol vehicle;

  • The officer has activated agency insignia, lights, and sirens.

Penalties

  • Up to 5 years in prison.

  • Up to 5 years of probation.

  • Up to a $5,000 fine.

  • Driver's license revocation.

  • Permanent felony conviction.

High-Speed or Wanton Fleeing and Eluding | §316.1935(3)(a)

Florida law increases the offense to a second-degree felony when the driver:

  • Flees at a high rate of speed, or

  • Drives with wanton disregard for the safety of persons or property.

This charge is commonly referred to as high-speed fleeing and eluding.

Penalties

  • Up to 15 years in prison.

  • Up to 15 years of probation.

  • Up to a $10,000 fine.

  • Mandatory driver's license revocation.

To prove this, prosecutors often rely on:

  • Dashcam and body camera footage.

  • Helicopter or aviation units.

  • GPS tracking.

  • Witness testimony.

  • Speed estimates and accident reconstruction.

Fleeing and Eluding Causing Serious Bodily Injury or Death | §316.1935(3)(b)

If the fleeing results in serious bodily injury to another person or death, the charge becomes a first-degree felony.

Penalties

  • Up to 30 years in prison.

  • Up to a $10,000 fine.

  • Driver's license revocation.

  • Possible lengthy prison sentence under the Criminal Punishment Code.

Aggravated Fleeing and Eluding | §316.1935(4)

A person commits aggravated fleeing and eluding when, during the course of fleeing:

  • They cause injury or property damage to another person, or

  • They leave the scene of a crash while attempting to escape.

Penalties

Aggravated fleeing and eluding is generally a second-degree felony punishable by:

  • Up to 15 years in prison.

  • Up to a $10,000 fine.

  • Driver's license revocation.

Can the State Prove You Knew the Officer Was Trying to Stop You?

One of the biggest issues in many fleeing and eluding cases is knowledge. Questions that often arise include:

  • Was the patrol car clearly marked?

  • Were the emergency lights and sirens activated?

  • Was it nighttime or raining?

  • Did the driver know the person behind them was law enforcement?

  • Was the driver attempting to reach a safer, well-lit location before stopping?

The State must prove that the driver intentionally fled and knew that law enforcement was attempting to stop them.

Common Defenses to Fleeing and Eluding Charges

Every case is different, but possible defenses may include:

  • Lack of Intent: A driver may have been looking for a safe location to stop or simply failed to notice the emergency lights immediately.

  • Improperly Marked Vehicle: Florida law requires specific markings and agency insignia. Failure to comply may create a defense.

  • No Activated Sirens or Lights: The State must establish that emergency equipment was activated.

  • Mistaken Identity: Officers sometimes lose sight of vehicles during pursuits. Video evidence may contradict witness testimony.

  • Illegal Traffic Stop: An unconstitutional stop or seizure may lead to suppression of evidence.

  • Insufficient Evidence: Police reports do not always tell the whole story. Dashcam, bodycam, surveillance footage, and cell phone records can be critical.

Driver's License and Collateral Consequences

A conviction under §316.1935 can result in:

  • License revocation.

  • Increased insurance rates.

  • Difficulty obtaining employment.

  • Immigration consequences for non-citizens.

  • Loss of certain professional licenses.

  • Permanent felony record.

Frequently Asked Questions

Is fleeing and eluding a felony in Florida?

Yes. Even basic fleeing and eluding under §316.1935(2) is a third-degree felony.

What is high-speed fleeing and eluding?

High-speed fleeing and eluding under §316.1935(3)(a) occurs when someone flees law enforcement while driving at a high speed or with wanton disregard for safety. It is a second-degree felony punishable by up to 15 years in prison.

Can fleeing and eluding charges be reduced? I

n some cases, yes. Depending on the evidence, a defense attorney may challenge intent, identification, or the legality of the stop and negotiate for reduced charges or dismissal.

Can a fleeing and eluding conviction be sealed or expunged?

A conviction cannot be sealed or expunged. However, if the case is dismissed or results in a qualifying outcome, you may be eligible for an expungement or record sealing.

Speak With a Florida Fleeing and Eluding Defense Lawyer

Fleeing and eluding cases often involve body cameras, dashcams, GPS evidence, and complicated legal issues concerning intent and constitutional rights. These cases should be investigated immediately.

If you have been arrested for fleeing and eluding under Florida Statute §316.1935, contact our experienced criminal defense attorney at The Law Office of Matthew Konecky, P.A.

Serving clients throughout Palm Beach County, West Palm Beach, Jupiter, Palm Beach Gardens, Wellington, Boynton Beach, Delray Beach, and surrounding South Florida communities.