When did 316.1935 become a felony in Florida?

Asked almost 2 years ago - Orlando, FL

My husband was arrested and charged with fleeing and eluding in 8/1994.
He was advised then, and his paperwork also shows, that this was a misdemeanor charge. However we searched it recently and it is showing a felony.
I know the crime is a felony now, but if it was a misdemeanor charge in 1994, shouldn't that be the way it appears on his record?
If it is in fact incorrect, how would we correct it?

This is how it appears on a records search:
FLEE/ATT TO ELUDE POLICE NOT REVOKED 316.1935 Third Degree - Felony

Attorney answers (4)

  1. Ralph H. Schofield Jr.

    Contributor Level 12


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The offense of fleeing was upgraded to a 3rd degree felony in 2004. In '94, it was generally a misdemeanor, except that in late 1994 it was upgraded to a felony IF there was a high-speed chase.

    With regard to correcting an erroneous criminal history record, review my detailed answer to a related question here: http://www.avvo.com/legal-answers/i-need-to-cor...

    The information provided in this and other answers on Avvo are general in nature and limited to the facts as... more
  2. Bryce Aric Fetter

    Contributor Level 15


    Lawyers agree

    Answered . In 1994 Fleeing and Eluding could have been a felony or misdemeanor depending in the facts of the case. Now it is only a felony.

    You need to find the 1994 subsection that he was prosecuted under. If it was prosecuted as a misdemeanor then it should not show as a felony.


  3. Mark H Randall


    Contributor Level 15


    Lawyers agree

    Answered . The other AVVO attorneys are correct.

  4. William David Umansky


    Contributor Level 19


    Lawyer agrees

    Answered . In 1994 if facts justified it, the charge could have been brought as a felony.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more

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