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Criminal charges

evading arrest or detention

A person commits a criminal offense (crime) if they intentionally flee from a person they know or should know is a peace officer or federal special investigator attempting to lawfully arrest or detain them. A person will be subject to higher penalties if they use a motor vehicle or watercraft while evading arrest or detention, or cause injury to another person. This criminal offense is also known as “fleeing and eluding.”

In Florida, fleeing and eluding a law enforcement officer is a criminal offense under Florida Statute 316.1935. An individual commits this offense if they willfully refuse to stop or remain stopped when ordered by a duly authorized law enforcement officer. The severity of the charge can range from a third-degree felony to a first-degree felony, depending on the circumstances of the evasion. If the individual uses a motor vehicle or watercraft to flee and, in the process, drives recklessly or at high speed, the offense is elevated. Additionally, if the act of fleeing and eluding results in injury or death to another person, the penalties become more severe, potentially including mandatory minimum prison sentences. The law is designed to protect law enforcement officers and the public by deterring dangerous pursuits and ensuring that individuals comply with lawful orders to stop by the police.

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Criminal charges

evading arrest or detention

Individual & Family Legal Plan

Articles

Florida State Code

Criminal charges

evading arrest or detention

Florida State Code

Articles