HAVERHILL FL ELUDING AND AGGRAVATED ELUDING LAW ENFORCEMENT DEFENSE LAWYERS

eluding florida siteThe traffic and criminal defense lawyers at Arnesen Law represent clients facing various traffic offenses, including eluding and aggravated eluding law enforcement, leaving the scene of an accident, and careless driving in Haverhill, Lake Park, and Palm Beach Gardens.

In fact, Jay Arnesen now channels his knowledge as a former police officer who used to issue traffic tickets for the State to work on behalf of citizens charged with criminal and traffic offenses in Florida.

Arnesen has trained the lawyers at his firm, equipping them with his unique skills in defending criminal and traffic cases in municipalities throughout South Florida. Contact the Arnesen Law Boca Raton or Fort Lauderdale office locations  anytime at 561-419-9630 to speak with one of the firm’s attorneys at no cost.

As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq., Criminal Defense Attorney

Eluding and Aggravated Eluding Law Enforcement in Florida

In Florida, eluding or fleeing law enforcement offenses are divided into two distinct categories, those offenses classified as general “eluding” and those which constitute “aggravated eluding.” The differences between these crimes and the penalties associated with each are set forth in Chapter 316, Section 1935 of the Florida Statutes.

Although aggravated eluding offenses are considered more egregious under the law, all violations of this section are classified as felonies, punishable by significant terms of incarceration, among other serious consequences.

316.1935 mandates the following with regard to general eluding offenses:

(1)   It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree.

(2)  Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree.

(3)   Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

(a)    Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree.

(b)    Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits a felony of the first degreeNotwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment.

With regard to aggravated eluding offenses, 316.1935 states:

(4)   Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding:

(a)    Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree.

(b) Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person’s vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree.

NOTE: The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment.

Eluding and Aggravated Eluding Law Enforcement – Potential Penalties

In addition to considerable prison time, as mentioned above, those convicted of eluding and aggravated eluding offenses are subject to a mandatory period of driver’s license suspension ranging from 1 to 5 years. Further, law enforcement officials are given the authority to seize the individual’s vehicle and said individual may be forced to forfeit his or her vehicle, as it is deemed “contraband” under the law.

Third Degree Felony Eluding Offenses: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000

Second Degree Felony Eluding or Aggravated Eluding Offenses: maximum sentence of 15 years in prison, up to 15 years of probation, and fines not to exceed $10,000

First Degree Felony Eluding or Aggravated Eluding Offenses: mandatory minimum term of 3 years in prison, up to 15 years of probation, and fines not to exceed $10,000

Contact Our Haverhill FL Eluding and Aggravated Eluding Law Enforcement Defense Attorneys for a Free Consultation

Contact Jay Arnesen’s Boca Raton or Fort Lauderdale offices anytime at 561-419-9630 for a free initial consultation if you or someone you love has been charged with eluding or aggravated eluding in South Florida. These crimes are extremely serious, with weighty consequences that have the potential to destroy your life. Arnesen Law’s attorneys have the experience and tenacity necessary to fight for you.

Tell Us About Your Case

Jay Arnesen is a retired police officer turned criminal defense attorney who now defends clients charged with criminal and traffic (DUI) offenses in South Florida. With offices conveniently located in Fort Lauderdale and Boca Raton, Mr. Arnesen appears in courts throughout South Florida on a regular basis. Protect your rights, contact experienced criminal defense lawyer Jay Arnesen anytime for a free initial consultation at 866-347-6296.

Arnesen Law, P.A.

Areas We Serve

Palm Beach County, Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Cloud Lake, Delray Beach. Glen Ridge, Greenacres, Gulf Stream, Haverhill, Highland Beach, Juno Beach, Jupiter, Lake Park, Lake Worth, Manalapan, North Palm Beach, Ocean Ridge, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, Wellington, West Palm Beach

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Boca Raton

1825 NW Corporate Blvd. Suite 110

Boca Raton, FL 33431

  (201) 556-1570  

Fort Lauderdale

633 South Andrews Avenue

Fort Lauderdale, FL 33301

  (866) 317-5164  

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