Potential Consequences of Eluding Charges in NJ
“Eluding the police in New Jersey can be an incredibly serious crime. The State tends to frown on charges that put police officers’ lives in danger. That said, this crime can be successfully defended in court.”
You look in your rearview mirror and see those flashing lights. At first, you hope the police officer is signaling for someone else to pull over, but quickly realize they are interested in you. Perhaps there are one or more reasons why you really do not want to be pulled over by the police in that moment. However, if you make a decision not to pull your vehicle over right away, your problems will literally catch up to you and, at that point, you will be facing charges of eluding. Eluding the police in a motor vehicle is criminalized under New Jersey law and convictions for eluding carry serious penalties. The severity of the risk posed to others and the intention of the person eluding the police determines how the crime is charged. After learning more about the potential penalties you are facing if you have been charged with eluding in New Jersey (depending on whether this is a second degree eluding charge or a third degree eluding charge), be sure to watch our video on How To Beat Eluding Charges.
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.
Different Degrees and Penalties for Eluding Offenses in New Jersey
Eluding is typically classified as a third degree indictable offense in New Jersey. If you are charged with a third degree crime, the potential penalties for third degree eluding include three (3) to five (5) years of imprisonment and up to $15,000.00 in fines. However, if you create a risk to another person’s life or of serious injury during your attempt to elude police, you can be charged with second degree eluding. It is important to know that even driving at a high rate of speed, which causes the officer to pursue you at a high rate of speed, thereby endangering their life and safety, can warrant second degree eluding charges. For instance, if you keep driving on a major highway going 100 miles an hour after a police car behind you turned on their lights, you will probably be charged with second degree eluding the police. A conviction for second degree eluding carries a potential term of imprisonment of five (5) to ten (10) years and up to $150,000.00 in fines.
If serious injury did in fact occur in your eluding case, you may also be charged with second degree aggravated assault, which falls under the No Early Release Act, meaning that a mandatory minimum sentence must be served, specifically 85% of the sentence, before becoming eligible for parole. To be convicted of second degree aggravated assault, the prosecutor must merely show the driver intended to elude the police after being signaled to stop, resulting in someone’s injury. Other charges like vehicular manslaughter may be charged if you intentionally sped up after being told by law enforcement to pull over or if intentionally eluding the police led to someone getting killed.
Since the stakes are extremely high, be sure to find a top criminal defense lawyer such as those at The Tormey Law Firm to defend you. If you want us to help you fight your New Jersey Eluding 2C:29-2 charges, call us any time at (201) 556-1570.
