West Palm Beach Fleeing or Eluding Lawyer
Committed to Fighting for You
In Florida, fleeing or attempting to elude a law enforcement officer is always a felony offense, ranging from a third-degree to a first-degree felony charge. Along with facing prison time, probation, and/or steep fines, if you’re convicted, you could lose your driving privileges for 1 to 5 years, and your vehicle may be forfeited. The punishments have the potential to ruin your life for years, and you may feel the effects long after you have completed your sentence. The most effective way to work toward avoiding such consequences is to fight the charges aggressively from the start. To do that, you need a seasoned attorney on your side who understands the law and knows how to protect your rights.
At the Law Offices of Greg Rosenfeld, P.A., Attorney Greg Rosenfeld has extensive experience helping the accused seek favorable outcomes in their cases. He has handled thousands of criminal matters and has defended clients in over 50 trials. Past clients and peers have recommended his services, and he remains committed to providing the high-quality representation those facing charges need. Additionally, he has received several remarkable recognitions, including being named to the 2020 Florida Rising Stars list and earning an AV Preeminent® rating, the highest possible, from Martindale-Hubbell®.
For the defense you need to fight your charge in West Palm Beach, schedule a free consultation by calling (561) 902-1122 or submitting an online contact form today.
Fleeing and Eluding Charges in Florida
Florida Statute 316.1935 is the law concerning fleeing or attempting to elude a law enforcement officer.
The level of charge and penalties a driver may face for the offense depend on the specific subsection of the statute the individual allegedly violated:
Subsection (1) – Fleeing to elude an officer. This offense occurs when a motorist, knowing that he or she had been ordered
to stop by a law enforcement officer:
- Willfully disregards the officer's request and fails to stop the vehicle, or
- After stopping for a law enforcement officer, willfully flees from the scene
Subsection (2) – Fleeing to elude a law enforcement officer (siren
and lights activated). This offense occurs when a driver, knowing that he or she had been ordered
to stop by a law enforcement officer:
- Willfully flees or attempts to elude the officer, and
- The officer was in a marked vehicle with siren and lights activated
A violation of subsection (1) or subsection (2) is a third-degree felony, with the latter considered a higher level of a third-degree felony. The potential conviction penalties include imprisonment for up to 5 years, probation for up to 5 years, and/or a fine of up to $5,000. In addition, if a person is convicted of fleeing or eluding, the court must suspend his or her driver’s license for a minimum of 1 year, and the court may, at its discretion, suspend the driver’s license for up to 5 years.
Subsection (3)(a) – Fleeing to elude a law enforcement officer (siren
and lights activated with high speed or reckless driving). A person may be charged with this offense if he or she, while fleeing
or attempting to elude a law enforcement officer with siren and lights
- Speeding, or
- Driving without regard for the safety of persons or property
An offense under this subsection is a second-degree felony. It is punishable by up to 15 years of imprisonment, up to 15 years of probation, and/or a fine of up to $10,000. The court must also issue a 1 to 5-year driver’s license suspension.
Subsection (3)(b) – Fleeing to elude an officer (siren and lights
activated with high speed or reckless driving, causing serious bodily
injury or death). A driver may be charged with this offense if, during the course of fleeing
or eluding an officer with siren and lights activated, he or she is:
- Speeding, or
- Driving without regard for the safety of persons or property, and
- Causes serious bodily injury or death to another
The crime is a first-degree felony. The punishments include a mandatory 3-year prison sentence. The judge can also impose a prison sentence of up to 30 years, a probation sentence of up to 30 years, and/or a fine of up to $10,000. The court must also issue a 1 to 5-year driver’s license suspension.
Trust a Trial-Tested Defender for Your Case
When Attorney Greg Rosenfeld takes on a case, he does so with a focus on seeking an optimal resolution for his client. Thus, he thoroughly prepares and provides zealous advocacy from beginning to end. Whether your fleeing or attempting to elude matter can be resolved in or out of court, when you turn to the Law Offices of Greg Rosenfeld, P.A., you can be confident you will get the aggressive representation you need in West Palm Beach.
Learn more about how we can help by calling (561) 902-1122 or filling out an online contact form.
The National Trial Lawyers: Top 40 Under 40
Past President of the Palm Beach Association of Criminal Defense Lawyers
AV Preeminent 5.0 out of 5.0 rating on Martindale-Hubbell
Avvo 10.0 Superb Rating for Criminal Defense & Clients' Choice Award 2016 - 2023
Selected for Super Lawyers Rising Stars 2016 Through 2023
10 Best for Client Satisfaction by the AICLA