Being charged with felony fleeing to elude in Tampa is a serious matter under Florida law. What might seem like a momentary decision to keep driving or a misunderstanding during a traffic stop can result in long-term criminal consequences. At Stechschulte Nell, we want to ensure you understand the charges, potential penalties, and how our Tampa, FL criminal defense lawyer can protect your rights.
What Is “Fleeing To Elude” In Florida?
Under Florida Statute § 316.1935, fleeing to elude occurs when a driver:
- Is signaled to stop by a clearly identified law enforcement officer,
- Is aware of that signal, and
- Willfully refuses to stop or attempts to flee in a vehicle.
This is always charged as a felony offense in Florida. Depending on how the incident occurred, penalties can escalate significantly.
Types Of Felony Fleeing To Elude
Florida law outlines three main categories:
1. Basic Fleeing to Elude (Third-Degree Felony)
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- Refusing to stop after being signaled by law enforcement.
- Penalties: Up to 5 years in prison, 5 years of probation, and a $5,000 fine. AND A MANDATORY ADJUDICATION- MEANING YOU WILL BE A CONVICTED FELON EVEN IF YOU HAVE NO PRIOR CRIMINAL HISTORY.
2. Aggravated Fleeing (Second-Degree Felony)
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- Involves high-speed or reckless driving while fleeing.
- Penalties: Up to 15 years in prison, a $10,000 fine, and a mandatory minimum of 3 years in prison.
3. Fleeing with Injury or Death (First-Degree Felony)
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- When fleeing results in serious bodily injury or death.
- Penalties: Up to 30 years in prison, a $10,000 fine, and a minimum of 3 years in prison.
Each of these charges carries mandatory adjudication of guilt, meaning the conviction will remain on your permanent record and cannot be sealed or expunged.
Mandatory License Revocation
A conviction for fleeing to elude will lead to mandatory revocation of your driver’s license for a minimum of 1 year and up to 5 years, regardless of your prior driving history.
Vehicle Forfeiture
In addition to criminal penalties, law enforcement may seize and attempt to forfeit your vehicle if it was used during the offense. This is a separate legal process, and it’s critical to act quickly—usually within 15 days—to challenge the forfeiture in court.
What The State Must Prove
To secure a conviction, prosecutors must prove that:
- You were operating a motor vehicle,
- You were given a clear signal to stop by law enforcement,
- You knew or should have known of the order to stop, and
- You willfully failed to stop or attempted to flee.
For aggravated charges, the state must also show reckless driving, high speed, or that the fleeing resulted in injury or death.
Potential Legal Defenses
At Stechschulte Nell, we evaluate each case closely to identify the strongest defense strategies, which may include:
- Lack of intent or knowledge that the officer was signaling to stop,
- Unmarked police vehicles or lack of proper identification by the officer,
- Emergency circumstances that justified your actions,
- Mechanical issues with your vehicle, or
- Mistaken identity if you weren’t the driver.
Why You Need Our Defense Attorney
A felony fleeing to elude charge in Tampa can have life-changing consequences. The stakes are too high to face alone. Our legal team at Stechschulte Nell will:
- To argue to the Prosecutor, that should not become a MANDATORY CONVICTED FELON.
- Investigate the legality of the traffic stop,
- Examine bodycam, dashcam, and radio transmissions,
- Challenge weak or unlawfully obtained evidence, and
- Work aggressively to reduce or dismiss the charges where possible.
Contact Stechschulte Nell Today
If you or a loved one has been charged with felony fleeing to elude in Tampa or Hillsborough County, don’t wait to get help. At Stechschulte Nell, we bring experience, strategic advocacy, and personal attention to every case we handle.
Call us today at (813) 280-1244 or contact us online to schedule a confidential consultation. We’re here to fight for your future.
