Aggravated Fleeing or Attempting to Elude Law Enforcement Officer - 316.1935(4)
Have you been charged with aggravated fleeing or eluding in the State of Florida? During the course of fleeing an accident, did you cause additional harm to another person or another person’s property? This offense is codified under Florida Statute 316.1935(4)(a). The Florida statute says it is illegal for a person who is driving a car to flee the scene of an accident after being ordered to stop by a police officer, and to injure another person or the person’s property in the process. If you are facing charges of a violation of 316.1935(4), contact a Palm Beach County Aggravated Fleeing Attorney at the Law Office of Roger P. Foley, P.A. to discuss the possible punishments and your defense options.What the State Has to Prove for You to Be Convicted
In order for the State to prove you have violated this law, the State must prove:
(1) You were the driver of a car involved in a crash where there was property damage, injury, or death;
(2) You knew or should have known you were in a crash;
(3) You knew or should have known of the property damage, injury, or death;
(4) You either:
- Willfully failed to stop at the accident scene and stay there to give information to the other person and police officer; or
- Willfully failed to help the injured person if it appeared necessary or if the injured person asked;
(5) A law enforcement officer ordered you to stop;
(6) You knew you were ordered to stop but willfully failed to stop or willfully fled; and
(7) Your fleeing caused the death or injury of someone.
A person who is involved in a crash is required to stop at an accident where there is an injury. See Florida Statute 316.027.
It is important to note that even if the State cannot prove all of the elements of aggravated fleeing and eluding, a person charged with the offense could also find themselves guilty of other crimes, such as disobedience to police or fire department officials, pursuant toFlorida Statute 316.072(3), or reckless driving, under Florida Statute 316.192. The state prosecutor does not have to charge you with aggravated fleeing right away. You might be charged with just a reckless driving, first-degree misdemeanor, and as more facts come out, the state attorney might change the charge to aggravated fleeing.
If you are facing charges of aggravated fleeing and eluding in the State of Florida, contact an attorney at The Law Office of Roger P. Foley to discuss your options and defense strategy.Punishment for Aggravated Fleeing from a Law Enforcement Officer
A person who causes injury to another person or damage to property while fleeing or eluding can be charged with a second-degree felony which is punishable up to 15 years in prison and a $10,000 fine. This crime is ranked as level 5 under the Florida Criminal Punishment Code.
Other penalties could include the forfeiture of your vehicle, your license being revoked between one (1) and five (5) years, and an adjudication of guilt on your record.Contact the Law Office of Roger P. Foley, P.A.
If you are facing a second-degree felony charge of aggravated fleeing and eluding, an attorney at our firm could help you determine the best possible defense.