When Police Pursuits Turn Deadly in Orlando: Who Faces Criminal Charges?
Police chases can lead to both serious injuries and criminal charges against those who flee. Alers Law Firm represents clients who have been charged with the failure to stop for law enforcement when driving a motor vehicle.
Motorists who flee police can face charges for not only any underlying crime that law enforcement may have been investigating, but also for the act of eluding apprehension. There are numerous potential charges in Florida that a driver may face in the wake of a police chase, and some may result in an even harsher penalty than they would have otherwise faced in the first place. These penalties can escalate even further if someone else was seriously injured or killed during the pursuit.
If you have been charged with failure to stop for police, along with other criminal offenses, Alers Law Firm can help defend you. Schedule a free initial consultation with a Florida criminal defense attorney by calling us at (407) 930-4888 to begin work on your case.
Drivers Often Face Charges for a Police Chase
Across the United States, roughly 600 people each year lose their lives in police chases that turn deadly. In some cases, it is the occupants of the vehicle being chased by police who are killed. In other cases, innocent bystanders end up being killed or seriously injured due to the effects of these chases. When that happens, criminal charges may be filed against the responsible party.
In most cases, it would be the driver of the vehicle that law enforcement was pursuing who would face criminal charges. Motorists have a legal obligation to stop when being apprehended by police, regardless of whether the driver believes that the traffic stop is legal or justified. Under Florida law, there are two ways that a motorist can face charges under Florida Statutes § 316.1935 if they attempt to elude police when driving a car:
- If there were no high speed or danger involved, these actions would constitute a first-degree misdemeanor, which is punishable by up to a year in jail
- If the motorist was involved in a high-speed pursuit, or others were endangered, it is a third-degree felony, which is punishable by up to five years in prison
There Are More Serious Charges Under Certain Circumstances
The charges would likely be elevated if innocent bystanders were seriously hurt or killed as a result of the chase. However, there is no requirement that someone else be hurt for the prosecutor to charge the driver with this crime. If someone else is killed in an accident, the driver of the car may face the following criminal charges:
- Vehicular homicide
- Aggravated fleeing or eluding, causing death
- Manslaughter
There may be certain aggravating factors that could elevate the charges. For example, if the chase occurred in a residential area, or the motorist was under the Influence at the time of the pursuit, they may face more serious charges and penalties.
Note that it does not matter whether the driver actually committed another criminal act prior to the chase. The mere fact that they failed to stop when signaled to do so by a law enforcement officer is an independent criminal action that could support charges.
Others May Potentially Be Charged for a Police Chase
If there were others who were in the vehicle being pursued at the time of the chase, they could also face criminal charges for eluding police. Even though they were not driving the vehicle, they may have played some role in assisting the fleeing driver. Certainly, they would be charged if they played a part in the chase or provided encouragement to the fleeing driver to escape from law enforcement. They could also face charges as a member of the conspiracy if there was an underlying felony that was committed prior to the chase.
It is very rare that a police officer would be charged for their actions in a high-speed pursuit. However, there are some circumstances that could lead to criminal charges. For example, the officer could be charged if they failed to follow departmental policies for pursuits. They could also be charged under the following circumstances:
- They were culpably negligent
- They acted with reckless disregard for human life
- The officer continued the chase When there was obvious and extreme danger
Again, it is exceedingly rare for a police officer to be charged after a high-speed chase. There would need to be extreme circumstances that would justify criminal charges. Accordingly, in most cases, it would be the driver of the car being pursued who faces criminal charges for feeling and eluding.
Contact a Florida Criminal Defense Law Firm
In the wake of a police chase, you are likely facing multiple criminal charges. You can vigorously defend yourself and protect your legal rights by calling a Florida criminal defense lawyer at Alers Law Firm for a free initial consultation. We can be reached online or by calling us today at (407) 930-4888.
