Fleeing and Eluding is a common felony arrest that occurs when an individual refuses to immediately pull over or stop when a recognizable officer has ordered that person to stop. The degree of felony under Florida law depends on the circumstances of the fleeing, and in some cases can subject the defendant to a minimum mandatory sentence of 3 years in prison. Aggravated fleeing is a second degree felony for conduct that is proven beyond a reasonable doubt to "demonstrate() a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person." A person can be prosecuted for a first degree felony if a person is seriously injured or killed because of the conduct by the defendant during the fleeing."
Aside from the obvious severe sentences that these charges can carry, there are collateral effects that can be detrimental to a person after the charge is over with. For instance, the court is prohibited from withholding adjudication on any of the fleeing charges. With an adjudication of guilt imposed (a conviction) a person ifs automatically excluded from the sealing or expunction process and can never have the record erased. Additionally, a felony conviction will make the defendant a convicted felon for life. For individuals looking to put their past behind them, these charges can make the process virtually impossible. Convictions for felonies affect employment, loan applications, voting rights, and a myriad of other activities that make living necessary. These charges should not be taken lightly and should be met with an experienced attorney by your side.
If you need representation for a charge of fleeing or attempting to allude, call and speak to one of our Jacksonville, Florida, criminal defense lawyers at Arnold Law Firm. We can help you, so contact us today!