2nd Degree Charges for Eluding a Police Officer
Arrested for Eluding Police in the Second Degree – What am I facing?
Eluding Police
A second degree eluding the police charge in New Jersey is a very serious crime. You can face from 5-10 years in state prison and a permanent criminal charge on your record. This level of offense implies that you put people around you in physical danger, meaning the attempt to evade arrest in a motor vehicle creates a safety risk for others. On the bright side, there are ways to fight this case. Click here to see how we can beat eluding charges in New Jersey.
Penalties for 2nd degree eluding the police in New Jersey can include the following:
- 5-10 years in NJ state prison
- Fines up to $150,000
- Felony charge on your record
- Up to 364 days in the county jail
- Probation
- License suspension
For more ways that you can potentially beat ANY criminal charge in New Jersey, click here to read our Top 5 Ways to Beat Criminal Charges… you will feel better about any level of case that you’re facing.
Eluding police is a felony charge in New Jersey that can be graded as a second or third degree crime. The key distinction is whether or not you placed the public in danger of serious injury or death based on your actions. This includes the police officers who were chasing you.
NOTE: Second degree charges in New Jersey have a presumption of imprisonment. As a result, even if you have no prior criminal history, if you are convicted for 2nd degree eluding it is presumed that you will be sentenced to prison with the minimum mandatory being 5 years. Reemember, this is flat time. On a 5 year flat prison sentence, you would normally be eligible for parole after serving a little more than a year.
NOTE: If you have no prior criminal record, you are eligible for a first time offender program called PTI (as long as you haven’t used a diversionary program before – you can only use them once in your life). However, on a 2nd degree charge, you aren’t allowed to apply for PTI unless the prosecutor consents. If you are admitted into PTI, the charges are dismissed when you complete probation successfully.
