What are the penalties for 3rd degree eluding the police in New Jersey?
Third degree eluding charges can leave you with a permanent felony criminal record and facing 3-5 years in state prison. On the bright side, at least you aren’t facing 2nd degree charges which can leave you facing 5-10 years… quite the penalty for eluding arrest.
Some of the penalties associated with a third degree eluding charge in NJ include the following:
- A permanent felony charge on your record (may be expunged in certain cases after several years)
- $15,000 fine
- 3-5 years in NJ state prison
- up to 364 days in the county jail
- Probation
A third degree charge implies that you didn’t put anyone in physical danger. N.J.S.A. 2C:29-2 is the eluding statute that describes how you can be guilty of this crime. It is a third-degree crime to flee an officer while operating a vehicle on the roadways or a vessel on the waterways when the officer clearly indicates they want you to stop, say, by a siren, lights, announcement, wave of the arm, or any combination of those; Still, you face up to 5 years, so it’s in your best interest to fight this charge. Click here to learn how we can potentially defeat eluding arrest charges in New Jersey.
NOTE: There is a presumption of non-incarceration for first time offenders. This means if you have no prior criminal history or felony convictions that you will likely be sentenced to probation and not prison. However, remember, county jail is not considered prison and a Judge can sentence you to up to 364 days in the county jail as a condition of probation.
NOTE: In addition, if you have no criminal record and you have never used a diversionary program before, you may be able to get into the Pre-Trial Intervention (PTI) program. This allows a defendant to be placed on probation and if they successfully complete the probationary period the charges are completely dismissed – no jail and no criminal record. You can then file an expungement to have the arrest removed six months after you finish probation.
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.
“If you want us to help you fight your New Jersey Eluding 2C:29-2 charges, call us any time at (201) 556-1570.”
