I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm. Before founding the firm I served as Chief Operating Officer of the Hillsborough County Public Defender’s Office and taught at the police academy, where officer pursuit and stop procedures were part of the curriculum — and today our attorneys use that insider knowledge of how pursuits are supposed to be conducted to defend fleeing and eluding charges across Tampa Bay.

What Does Florida’s Fleeing and Eluding Law Actually Prohibit?

Florida’s fleeing and eluding statute, section 316.1935, Florida Statutes, makes it a crime for a driver who knows a law enforcement officer has ordered them to stop to willfully refuse or fail to stop — or, after stopping, to willfully flee in an attempt to elude the officer. Those two words, “knowledge” and “willfully,” carry almost the entire weight of the statute, and they are where our attorneys focus first in every case.

The statute builds upward from that basic offense. Subsection (1) covers any refusal to stop for a known order — a third-degree felony. Subsection (2) covers fleeing from an officer in an authorized patrol vehicle with agency markings prominently displayed and both siren and lights activated — also a third-degree felony, but the version prosecutors usually charge because it is easier to prove the driver knew. Subsection (3) escalates the charge when the driver flees at high speed or with wanton disregard for safety, and subsection (4) — “aggravated fleeing or eluding” — applies when the fleeing happens while leaving the scene of a crash.

What surprises most people is what the statute does not require. It does not require a high-speed chase. It does not require anyone to be hurt. Driving away from a traffic stop at normal speed, or failing to pull over promptly enough while an officer follows with lights on, can be charged as a felony if the State can prove you knew about the order to stop and willfully disregarded it.

What Are the Penalties for Fleeing and Eluding in Florida?

Every tier of fleeing and eluding is a felony, and the penalties climb steeply with speed and harm. Here is the full structure under section 316.1935:

Two collateral consequences apply to every tier. First, the court must revoke your driver license for at least one year and up to five years. Second — and this is the provision that changes everything about how these cases must be defended — section 316.1935(6) says no court may suspend, defer, or withhold adjudication for any violation of the section.

Why Does the No-Withhold Rule Matter So Much?

Because it takes the most common soft landing in Florida criminal court off the table entirely. In many felony cases, a first-time offender can resolve the charge with a withhold of adjudication — they complete probation, they are never “convicted,” and they can honestly say they are not a convicted felon. Section 316.1935(6) forbids that outcome for fleeing and eluding. If you plead to the charge or a jury convicts you, you are adjudicated guilty, period.

That means a plea to the charge as filed — even with no jail time — permanently makes you a convicted felon, with everything that follows: loss of civil rights including firearm rights, a felony record visible to every employer and landlord, and sentencing enhancement exposure on any future case. It also means the entire strategic goal of the defense shifts. In our experience, the fight in a fleeing and eluding case is rarely about probation versus prison on the charge as filed; it is about attacking the elements, the stop, and the evidence hard enough that the State reduces the charge to something that does not carry a mandatory adjudication — or dismisses it.

For more about our defense strategies, visit our Hillsborough County criminal defense page.

What Counts as “High Speed” or “Wanton Disregard”?

The statute never defines “high speed” in miles per hour, and “wanton disregard” is a jury question — which makes these the most litigated words in the statute. Florida’s appellate courts define “willful” as conduct that is intentional, knowing, and purposeful, and “wanton” as conduct done with a conscious and intentional indifference to consequences, with knowledge that damage to persons or property is likely. Both definitions were restated in Andriotis v. State, No. 5D23-2160 (Fla. 5th DCA Jan. 3, 2025), a vehicular homicide appeal in which a driver immersed in his phone at highway speed never braked before a fatal rear-end collision — the court affirmed, holding that degree of conscious indifference met the willful-and-wanton standard. (Read the opinion.)

A recent fleeing decision shows how far prosecutors can reach to prove the speed element. In Johnson v. State, No. 1D2024-0912 (Fla. 1st DCA Nov. 5, 2025), a driver fled a stop in Bay County and a trooper’s radar clocked him at 127 miles per hour after the chase crossed into neighboring Jackson County. He argued the out-of-county speed reading was irrelevant to a crime charged in Bay County. The First District disagreed and affirmed: under section 910.05, Florida Statutes, when the acts making up one offense span two or more counties, the case can be tried in any of them, and there is no requirement that every element occur in the charging county. (Read the opinion.) The practical lesson for Tampa Bay drivers: a pursuit that runs from Hillsborough into Pasco or Pinellas County does not split the case — it gives the State a choice of courthouse and lets it use evidence from the entire route.

Did Florida Just Raise the Stakes for Repeat Fleeing Charges?

Yes. In 2025, the Legislature added a fleeing-specific multiplier to the felony sentencing scoresheet. Under section 921.0024, Florida Statutes, if the primary offense being scored is fleeing or attempting to elude — or aggravated fleeing or eluding — and the defendant’s prior record contains one or more violations of section 316.1935, the subtotal sentence points are multiplied by 1.5.

To understand what that means, you need to know how Florida felony sentencing works. Every felony case gets a Criminal Punishment Code scoresheet: points for the current charge, points for injuries, points for prior record. The total produces a “lowest permissible sentence” — the floor, not the ceiling. A 1.5 multiplier on the subtotal can convert a case that scored out to probation into a case with a mandatory prison floor. A second fleeing charge is therefore not just “another felony” — it is arithmetically a different kind of case, and anyone facing one should understand their scoresheet before evaluating any plea offer. Our attorneys prepare the scoresheet independently in every felony case rather than relying on the State’s math; scoresheet errors are among the most common — and most fixable — sentencing mistakes in the 13th Judicial Circuit.

What Must the State Prove — and Where Do These Cases Fall Apart?

To convict under the commonly charged subsection (2), the State must prove every one of these beyond a reasonable doubt:

1. You were operating a vehicle. Identity is a real issue when the driver is not apprehended immediately — many pursuits end with an abandoned car and an arrest made later on video review or tag registration.
2. A duly authorized officer ordered you to stop.
3. The patrol vehicle was authorized and marked, with agency jurisdictional insignia prominently displayed.
4. Siren and lights were both activated. Lights alone are not enough for a subsection (2) charge; an unmarked car is not enough. Officers’ own dash-camera video frequently answers this question one way or the other.
5. You knew you had been ordered to stop and willfully refused. Willfulness is where real life pushes back: loud music, tinted windows, night driving, a genuine fear of a police impersonator, or a driver slowing down and looking for a safe, lit place to pull over all cut against the claim that the failure to stop was a knowing, purposeful act of defiance.

Every one of those elements is also a checkpoint for the defense. And there is a second front: the stop itself. If the initial attempted stop was unlawful, the suppression fight can strip the State’s case of everything that followed — our analysis of how long police can lawfully detain a driver in our article on how long a traffic stop can last in Florida explains the “mission” rules officers must follow. The lawfulness of police conduct is both a pretrial suppression issue and a matter the jury hears about at trial, so losing a motion does not end the fight.

How Do Our Attorneys Defend Fleeing and Eluding Charges?

We start with the video, because almost every pursuit in Hillsborough County generates dash-camera and body-camera footage, and the footage frequently contradicts the arrest report on the two facts that matter most — whether lights and siren were running, and how the defendant was actually driving. We obtain the CAD (computer-aided dispatch) records to reconstruct the timeline minute by minute, the same way we build timelines in reckless driving cases, because “high speed” and “wanton disregard” are conclusions, and conclusions need measurable facts behind them.

Because adjudication cannot be withheld on any section 316.1935 charge, the negotiating strategy is different from most felonies: the realistic targets are a reduction to an offense that permits a withhold — reckless driving is the most common landing spot — or a dismissal built on an element failure or suppression win. That is also why fleeing charges that accompany a leaving the scene of an accident charge are so dangerous: the combination converts the fleeing count into “aggravated fleeing” under subsection (4), a second-degree felony even when nobody is hurt, with a first-degree felony and a three-year mandatory minimum waiting if anyone is seriously injured.

What Should You Do Right After a Fleeing and Eluding Arrest?

Move quickly, because the most valuable evidence in these cases has a short shelf life. Dash-camera and body-camera video is subject to retention schedules; nearby business surveillance that might show your driving — or show someone else driving — can be overwritten in days. An attorney can send preservation demands immediately, before anything disappears.

Say nothing about the incident to anyone but your lawyer. The knowledge and willfulness elements are exactly the kind of thing an offhand statement (“I saw the lights but I panicked”) can prove for the State when its own evidence could not. If your license has been revoked as part of a conviction in the past, or if you have any prior section 316.1935 history, tell your attorney at the first meeting — the 1.5 multiplier makes prior-record accuracy a front-line issue. And if the pursuit crossed county lines, do not assume the case will stay where it started; as Johnson shows, the State chooses the venue.

Frequently Asked Questions About Fleeing and Eluding in Florida

Is fleeing and eluding always a felony in Florida?

Yes. There is no misdemeanor version of fleeing and eluding — the lowest tier under section 316.1935 is a third-degree felony carrying up to five years in prison. That is true even for a low-speed failure to stop with no crash and no injuries. Our attorneys at The Brancato Law Firm treat every fleeing charge as the felony fight it is, because the statute gives no other option.

Can the judge withhold adjudication on a fleeing charge?

No. Section 316.1935(6) expressly forbids any court from suspending, deferring, or withholding adjudication for any violation of the section. A plea to the charge as filed always produces a felony conviction, which is why the defense goal is usually a reduced charge or dismissal rather than a favorable sentence on the original charge.

What if I didn’t realize the officer was trying to stop me?

Then the State cannot prove its case — knowledge of the order to stop is an element the prosecution must establish beyond a reasonable doubt. Distance, darkness, traffic noise, tinted windows, and the absence of a siren all bear on what you actually knew. We frequently pair this defense with the video evidence, which shows exactly what was visible and audible from the driver’s position.

What if I was just looking for a safe place to pull over?

Slowing down, activating your hazard lights, and proceeding to a lit or populated area is conduct a jury can see as compliance, not willful fleeing — the statute punishes a willful refusal to stop, not cautious driving. Document everything you remember about why you chose the spot you did. The attorneys at The Brancato Law Firm, P.A. have used exactly this pattern to attack the willfulness element.

Does it matter that the chase crossed into another county?

Not in the way most people hope. Under section 910.05 and the First District’s 2025 decision in Johnson, a multi-county pursuit can be prosecuted in any county where any part of it happened, and evidence from the whole route — including a radar reading taken two counties away — is admissible. A Hillsborough pursuit that ends in Pasco County is still one case.

Will I lose my driver license?

Yes, if convicted — revocation is mandatory for every tier of the offense, for at least one year and up to five years. The judge has discretion within that range, which is one more reason the details of the driving pattern matter even in a case that cannot be won outright.

If you or someone you love is facing a fleeing and eluding charge anywhere in Tampa Bay, the attorneys of The Brancato Law Firm, P.A. — founded by Tampa Criminal Defense Attorney Rocky Brancato — are ready to move immediately. Call (813) 727-7159 today: pursuit video and dispatch records are governed by short retention schedules, and the window to preserve the evidence that wins these cases is measured in days, not months.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.