Orlando Fleeing and Eluding Defense Attorney

Fleeing or Attempting to Elude (Florida Statute 316.1935), commonly referred to as “Fleeing and Eluding” in Florida, is a serious felony offense that carries life altering consequences, including prison, a mandatory felony conviction, a driver’s license suspension, vehicle forfeiture, and a permanent criminal record.

Fleeing and Eluding Under Florida Law

To convict someone of Fleeing and Eluding, the prosecution must prove that:

1. The accused was operating a motor vehicle on a street or highway,
2. That a law enforcement officer ordered them to stop, and
3. That they refused to stop or willingly fled after receiving that order, with knowledge that the order came from a law enforcement officer.

Defenses to Fleeing and Eluding in Florida

Fleeing and Eluding cases involve complex factual and legal disputes about whether a person knew that law enforcement was attempting to stop them, whether emergency lights and sirens were activated, whether there was a safe location to pull over immediately, or whether the facts support other felony enhancements. These details can make a significant difference in the outcome of the case.

Penalties for Fleeing and Eluding in Florida

Under Florida law, Fleeing and Eluding is a “mandatory adjudication” crime. This means that if you plead guilty, no contest, or are convicted at trial, you will be formally adjudicated guilty of a felony, even if you have no prior criminal history. For many people, a single Fleeing and Eluding charge could cause them to be branded a convicted felon for the rest of their lives, impacting employment, voting and firearm rights, and even where they can live.

In Florida, Fleeing and Eluding is typically charged as a 3rd degree felony, but often, a Fleeing and Eluding case may be “aggravated” or elevated to a 2nd degree felony if the prosecution can prove that the accused drove recklessly, at a high rate of speed, or injured another person. Fleeing and Eluding becomes a 1st degree felony if the prosecution can establish that the accused’s driving caused death or serious bodily injury. Because these penalties escalate quickly, early and strategic legal defense is critical.

Defending Fleeing and Eluding cases in Florida

Defending Fleeing and Eluding in Florida can be complex and the stakes are high. Challenging the State’s assertion that the accused was aware of the fact that they were being ordered to stop is often essential in protecting the rights of those accused of this offense. Other defenses include showing that the accused pulled over or stopped at the earliest safe opportunity and that they did not actually flee from law enforcement in the first place.

Central Florida Justice can Help

Central Florida founder, Ben Baxter is an experienced criminal defense attorney and former prosecutor who understands how the State builds Fleeing and Eluding cases in preparation for trial, and he knows how to challenge the State’s evidence effectively to defend his clients and get them the best result possible.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or a loved one have been charged with Fleeing and Eluding in Orlando or the Central Florida area, including Osceola, Polk, Lake, Seminole, or Brevard counties, he is ready to stand by you and defend your rights. Contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.