Criminal Defense Questions: Fleeing Arrest

Question: I was found guilty for eluding arrest, what minimum or maximum sentence could I face?

Amir’s Answer: Florida Statute 316.1935 details the levels of Fleeing or Attempting to Elude (“FATE”).

The lowest level FATE charge under this statute is a 3rd degree felony, which carries with it a maximum period of incarceration of 5 years. If the FATE is aggravated by factors such as driving at a high rate of speed, then it’s a 2nd degree felony, punishable by up to 15 years in prison. If in the course of aggravated fleeing, someone else suffers seriously bodily injury or dies, then the offense is a 1st degree felony, punishable by up to 30 years in prison with a 3 year minimum mandatory sentence.

Additionally, to properly calculate what your minimum and maximum sentences are, you need to calculate your entire criminal history on a sentencing guidelines score sheet. Your prior record may cause you to score in excess of the statutory maximums stated above.

I strongly recommend you speak with your criminal defense attorney regarding the various sentencing issues well in advance of your sentencing date.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.
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