Florida criminal charge
Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding in Florida
Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding is a criminal offense under Florida law, defined by Fla. Stat. § 316.1935. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 316.1935.
How is fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fleeing or eluding after order to stop | Felony of the Third Degree | Operator willfully refuses or fails to stop, or having stopped, willfully flees, after knowledge of an order to stop by a law enforcement officer. | Fla. Stat. § 316.1935(1) |
| Fleeing or eluding a marked patrol vehicle with siren and lights | Felony of the Third Degree | Person willfully flees or attempts to elude an authorized law enforcement patrol vehicle with agency markings, siren, and lights activated. | Fla. Stat. § 316.1935(2) |
| Aggravated fleeing with wanton disregard for safety | Felony of the Second Degree | During fleeing or eluding a marked patrol vehicle with siren and lights activated, the person drives at high speed or in a manner demonstrating wanton disregard for safety of persons or property. | Fla. Stat. § 316.1935(3)(a) |
| Aggravated fleeing causing serious bodily injury or death | Felony of the First Degree | During fleeing or eluding with high speed or wanton disregard for safety, the person causes serious bodily injury or death to another person, including a pursuing officer. | Fla. Stat. § 316.1935(3)(b) |
| Aggravated fleeing or eluding (injury/property damage after leaving crash scene) | Felony of the Second Degree | In the course of unlawfully leaving the scene of a crash and fleeing/eluding an officer, the person causes injury to another person or damage to another's property. | Fla. Stat. § 316.1935(4)(a) |
| Aggravated fleeing or eluding with serious bodily injury or death (after leaving crash scene) | Felony of the First Degree | In the course of unlawfully leaving the scene of a crash and fleeing/eluding an officer, the person causes serious bodily injury or death to another person, including a pursuing officer. | Fla. Stat. § 316.1935(4)(b) |
Common questions about fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding in Florida
Is fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding a felony or a misdemeanor in Florida?
It depends on the circumstances: fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 316.1935.
Fleeing or eluding after order to stop: Felony of the Third Degree (Fla. Stat. § 316.1935(1)) · Fleeing or eluding a marked patrol vehicle with siren and lights: Felony of the Third Degree (Fla. Stat. § 316.1935(2)) · Aggravated fleeing with wanton disregard for safety: Felony of the Second Degree (Fla. Stat. § 316.1935(3)(a)) · Aggravated fleeing causing serious bodily injury or death: Felony of the First Degree (Fla. Stat. § 316.1935(3)(b)) · Aggravated fleeing or eluding (injury/property damage after leaving crash scene): Felony of the Second Degree (Fla. Stat. § 316.1935(4)(a)) · Aggravated fleeing or eluding with serious bodily injury or death (after leaving crash scene): Felony of the First Degree (Fla. Stat. § 316.1935(4)(b))
Which Florida statute covers fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding?
Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding is governed by Fla. Stat. § 316.1935 (Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.