Fleeing or Eluding an Officer in Gainesville & North Florida
Under Florida law, fleeing or attempting to elude a law enforcement officer is a felony offense that carries severe criminal penalties. The offense occurs when a driver knowingly refuses to stop—or stops and then drives away—after being ordered to do so by an officer in a clearly identified law enforcement vehicle.
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How Florida Law Defines Fleeing and Eluding
According to Florida Statute § 316.1935, it is unlawful for the driver of any vehicle, knowing they have been ordered to stop by a duly authorized law enforcement officer, to willfully refuse or fail to stop—or, having stopped, to willfully flee in an attempt to elude that officer.
A person convicted under this statute commits a felony offense. The degree of felony depends on the circumstances of the offense.
To prove the crime, the prosecution must show:
- The defendant was operating a motor vehicle on a street or highway in Florida.
- A law enforcement officer directed the driver to stop or remain stopped.
- The driver knew of the officer’s order and willfully refused or failed to stop, or stopped and then fled to avoid being detained.
Levels of Fleeing and Eluding in Florida
Florida law outlines several escalating degrees of this offense. Each level carries increasingly serious penalties depending on the driver’s behavior and the resulting harm.
This offense occurs when:
- A driver knowingly fails to stop after being ordered to do so by a law enforcement officer;
- The officer is in an authorized patrol vehicle clearly marked with agency insignia; and
- The officer’s vehicle lights and siren are activated.
This is a third-degree felony, punishable by:
- Up to 5 years in prison,
- Up to 5 years of probation,
- Up to a $5,000 fine, and
- Mandatory driver’s license revocation for 1 to 5 years.
The court must adjudicate guilt—withholding adjudication or suspending the sentence is prohibited by statute.
This occurs when the driver, while fleeing or attempting to elude law enforcement, drives at a high speed or in a manner demonstrating a wanton disregard for the safety of others.
This is a second-degree felony, carrying penalties of:
- Up to 15 years in prison or probation,
- Up to a $10,000 fine, and
- License revocation for 1 to 5 years.
If the driver’s actions while fleeing or eluding cause serious bodily injury or death to another person, including the pursuing officer, the offense becomes a first-degree felony.
Penalties include:
- Up to 30 years in prison or probation,
- Up to a $10,000 fine, and
- License revocation for 1 to 5 years.
This offense carries a mandatory minimum sentence of 3 years in prison, and offenders are not eligible for early release or gain time except by pardon, medical release, or executive clemency.
Collateral Consequences of a Conviction
Because fleeing or eluding is a felony offense, a conviction results in a permanent criminal record. Even a first-time offender becomes a convicted felon and may lose certain civil rights, including the right to vote, serve on a jury, or possess a firearm. Insurance rates, employment opportunities, and professional licensing can also be affected.
Possible Legal Defenses
Every case is unique, and several defenses may apply depending on the facts, including:
A knowledgeable Gainesville criminal defense attorney can examine the evidence, challenge the prosecution’s case, and pursue dismissal, reduction, or alternative sentencing.
Why Legal Representation Matters
Fleeing or eluding charges carry life-changing penalties. Early legal intervention can make a significant difference in your case outcome.
Contact Rush & Frisco Law today to schedule a confidential consultation. Our attorneys have decades of experience handling complex criminal cases throughout North Central Florida and will fight to protect your rights and your future.
Information on this page reflects Florida Statute § 316.1935 as of October 2025.
Rush & Frisco Personal Injury Law Firm Gainesville, FL | 11 SE 2ND Ave | Gainesville, FL 32601 | Map | Tel: (352) 373-7566