Winslow NJ Eluding Lawyers
Attorneys for Eluding Charges in Burlington and Camden County, New Jersey
Being arrested for eluding is a precarious situation in New Jersey, as the consequences of a conviction are severe. A person may be charged with eluding if they are driving a vehicle, an officer signals them to stop, and they knowingly attempt to flee or elude the police or law enforcement officer. While typical eluding offenses are classified as third degree crimes in New Jersey, they can be elevated to second degree crimes if the offense creates a risk of death or injury to another person. It is important to note that the risk of injury can be to the officer attempting to conduct the motor vehicle stop and does not necessarily apply to any other drivers on the roadway. With a potential prison sentence ranging from 3 to 10 years depending on the degree of your charges, it is absolutely vital to have an aggressive defense strategy when you or someone you love is facing eluding charges. Criminal defense lawyer William Fay, and the attorneys at our firm fight tirelessly on behalf of clients in Cherry Hill, Gloucester, Evesham Township, Bellmawr, Stratford, and throughout New Jersey. As a former Deputy Attorney General in the New Jersey AG’s Office, Mr. Fay brings all of his knowledge and experience to each case. If you have been charged with eluding an officer in Camden County or elsewhere in South Jersey, contact our offices in Marlton today at 609-832-3202 for a free consultation.
Eluding a Police Officer Lawyer in Mount Laurel NJ
The crime of Eluding an Officer is outlined in section N.J.S.A. 2C:29-2(b) of the New Jersey Criminal Code, which provides:
b. 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 person’s 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 person’s driver’s license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.
Eluding is classified as an indictable offense, which is a felony in New Jersey. Despite the grade of your eluding charge, it is considered a profoundly serious offense. As such, you are facing significant fines, penalties and prison time that could be well beyond one year. It is the facts and circumstances surrounding your case that will determine the grading or degree of your eluding charge.
Third Degree Eluding Police Charges & Penalties
A typical charge for eluding is a third degree crime. Third degree crimes in New Jersey are indictable offenses punishable by a term of incarceration ranging from 3 to 5 years. Eluding offenses also carry a mandatory driver’s license suspension ranging for 6 months to 2 years. Notably, third degree crimes entail a presumption of non-incarceration. This means that if you have no prior criminal record, you may be considered a good candidate for probation or a diversionary program like Pretrial Intervention (PTI).
Second Degree Eluding an Officer Charges & Penalties
If you are charged with a second degree crime for eluding, this is an even more serious situation. Eluding becomes a second degree crime when the alleged offense creates a risk of injury or death to another person, whether this is the officer pursuing you or another driver on the road. You can see if the statute above that by committing a traffic violation such as reckless driving or driving while intoxicated (DWI), you are presumed to have created the risk necessary to warrant a second degree eluding charge. In addition to the license suspension for 6 months to 2 years, a conviction for second degree eluding exposes you to between 5 and 10 years in NJ State Prison. Also, second degree crimes entail a presumption of incarceration, which means the State will seek jail time.
Charged with Eluding & Aggravated Assault in Voorhees, Gloucester, Pennsauken NJ
Some of the most common situations in which an aggravated assault happens involve an individual who runs from police or otherwise resists arrest. For example, you might have been fleeing the scene of an accident when you accidentally struck a pedestrian with your car. NJ lawmakers anticipated these situations by accounting for them in the assault statute. N.J.S.A. 2C:12-1(b)(6) stipulates that an individual who causes bodily injury to another person “while fleeing or attempting to elude a law enforcement officer” can be charged with aggravated assault.
Note that the injury does not have to be sustained by the police officer who is giving pursuit. Rather, if anyone is hurt while the suspect is fleeing the scene or trying to elude law enforcement, the suspect can be charged with aggravated assault. Moreover, the criminal code makes it clear that when a person is found to have injured someone while fleeing or eluding police, that person is “strictly liable” under the statute. This means that it doesn’t matter whether you intended to injure anyone; the mere fact that someone suffered an injury will be enough for the court to find you guilty of aggravated assault.
Experienced Cherry Hill NJ Eluding Defense Attorney
The first thing to do when facing an eluding charge in New Jersey is to thoroughly understand these charges, your exposure to penalties, and the various defenses that can be used to beat the charges in court. Attorney William Fay and his criminal defense team are prepared to answer all of your questions about your eluding case, including any related charged for aggravated assault, obstruction, resisting arrest, or hindering apprehension. We are available 24/7 to assist you in a free consultation. Simply contact us online or call 609-832-3202 for more information. We appear in courts in Camden County, Gloucester County, Atlantic County, and Burlington County on a regular basis. Our number one priority is developing the best defense for your case.