In New Jersey, eluding is considered a serious crime, which upon conviction could lead you to face a mandatory state prison sentence of up to ten years. Eluding is an indictable felony offense which is handled by the County Prosecutor’s Office at Superior Court. Eluding can be a third degree or second degree crime depending on the circumstances surrounding your case. The degree of crime is what determines whether the crime is punishable by probation or incarceration. Having an experienced criminal defense attorney on your side to work with the prosecution is extremely beneficial to you. At Proetta & Oliver, we have successfully represented thousands of municipal and criminal charges in New Jersey including eluding charges and those related such as aggravated assault, assault by auto, and DWI. Our office represents clients for eluding throughout New Jersey including Jersey City, East Orange, Bloomfield, Hoboken, Bayonne, and Irvington. For a free initial consultation with an experienced criminal attorney, contact our Jersey City office at (201) 793-8018.
NJ Law for Eluding a Police Officer 2C:29-2b
The New Jersey statute for eluding is N.J.S.A. 2C:29b and we have listed it, in pertinent part, below for your convenience.
Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits a crime of the third degree; except that, a person is guilty of a crime of the second degree if the flight or attempt to elude creates a risk of death or injury to any person. For purposes of this subsection, there shall be a permissive inference that the flight or attempt to elude creates a risk of death or injury to any person if the persons conduct involves a violation of chapter 4 of Title 39 or chapter 7 of Title 12 of the Revised Statutes. In addition to the penalty prescribed under this subsection or any other section of law, the court shall order the suspension of that persons drivers license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
Third Degree Eluding
1) The defendant operated a motor vehicle or vessel;
2) While operating the said vehicle or vessel, the defendant knowingly fled or attempted to fled law enforcement;
3) Law enforcement was ordering the vehicle to come to a complete stop.
Second Degree Eluding
Additional element of eluding or attempting to elude law enforcement that “created a risk of death or injury to any person”
Grading of Eluding Offenses in New Jersey
In New Jersey, charges are classified by degrees depending on the severity of the crime. An eluding charge varies from third to second degree based on the details of your case. The difference between second and third degree is that the conviction of a second degree crime has a presumption of incarceration and a penalty of 5 – 10 years in prison. If convicted of a third degree, the penalty is still serious and may result in 3 – 5 years in prison but on a first offense, there is no presumption of incarceration and the possibility of a more lenient penalty. Either way, the penalties on both degrees of eluding may cause adverse effects on the life of you and your loved ones. Our goal, as experienced criminal defense attorneys, is to use our knowledge of the system to mitigate the circumstances at hand and attain a successful outcome for you. In many cases, with our help, our clients are able to gain admission into Pre-Trial Intervention. Once the PTI program is completed successfully, the charges will then be dismissed. If you would like to consult with us regarding your eluding charge, please contact us at our Jersey City office at (201) 793-8018.
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