Edison NJ Eluding Attorneys
Eluding the police in a motor vehicle is criminalized under NJSA 2C:29-2(b) and convictions for eluding carry serious penalties in New Jersey. The charges are issued on a regular basis because the scenarios that give rise to them are so common. 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 literally catch up to you and, at that point, you are likely to be arrested for eluding. If you have been charged with eluding in Middlesex County, NJ, you need to confront these charges head on with the help of an experienced criminal defense lawyer. The attorneys at Proetta & Oliver have assisted thousands of clients charged with eluding and other crimes in New Brunswick, Edison, Woodbridge, Piscataway, East Brunswick, Monroe Township, and East Brunswick, and we are here to help you. Contact our local Edison office today at (732) 659-9600 for a free consultation.
Eluding Defense Lawyer in New Brunswick NJ
New Jersey section N.J.S.A. 2C:29-2(b) addresses eluding crimes, explaining charges for eluding a police officer as follows:
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.
Potential Penalties for Eluding in New Jersey
Eluding is a third degree indictable offense in New Jersey. The potential penalties for third degree eluding include 3 to 5 years of imprisonment. 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. A conviction for second degree eluding carries a potential term of imprisonment ranging from 5 to 10 years. In certain cases, a person can be charged with additional offenses such as leaving the scene of an accident or assault by auto, which entail additional consequences if convicted.
Defending Eluding Charges in Middlesex County, New Jersey
If you knowingly attempt to flee or elude a police officer while in a motor vehicle after they have signaled for you to pull over, you can be charged with eluding in New Jersey. One defense that may be available to you is that you did not knowingly elude the police. It is the prosecution’s burden to prove that when you attempted to flee or elude the police in a motor vehicle, you did so knowingly rather than accidentally. To prove that you acted with knowledge, the prosecution will likely submit evidence that you accelerated or drove in a manner that indicates you were trying to get away from the police. However, this is still the prosecution’s burden to prove and an experienced criminal defense lawyer can make an argument that demonstrates you did not act with knowledge that a police officer was trying to pull you over, or cast doubt on whether you did so.
Charged with Eluding & Aggravated Assault
Aggravated assault is a common companion charge in eluding cases. A person may be found guilty of aggravated assault if he or she causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer. Aggravated assault is considered a felony. An individual may be found guilty of aggravated assault if: he or she attempts to cause serious bodily injury to another, causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury, attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon, and more. An example of this can be with respect to a motor vehicle accident resulting in body injury to those in the path of the escape.
Get Legal Guidance from Woodbridge NJ Eluding Lawyer
If you have been arrested for eluding, it is important to seek the advice of an experienced criminal defense lawyer right away. The attorneys at our firm have handled countless eluding charges for clients in Middlesex County and throughout New Jersey, and we are ready to review your case. Call us today at (732) 659-9600 for a free consultation and find out how we go about devising your best defense.