Hackensack NJ Eluding Lawyers

Bergen County NJ Eluding Attorney

Eluding is a very serious charge in New Jersey and if convicted an individual may face up to ten (10) years in a state prison. The governing statute in New Jersey for eluding is N.J.S.A. 2C:29-2b.  As you will see below the degree of the offense in which you are charged with will depend mainly on the risk of danger that you put the public in. This is just one of the few areas where an experienced criminal defense attorney can make persuasive arguments on your behalf to help minimize your exposure.  The Law Offices of Marshall, Bonus, Proetta & Oliverhas been defending individuals charged with eluding, assault by auto, aggravated assault and driving while intoxicated throughout Bergen County including in towns like Fort Lee, Fair Lawn, Englewood, Lodi, Teaneck and Paramus for over fifteen years. Our team of criminal trial attorneys are prepared to handle these serious types of matters. Here is some important information with regards to offense of eluding, including the key elements to the offense.

Eluding Lawyers in Paramus NJ: N.J.S.A. 2C:29-2b

As stated above, the governing statute for the offense of eluding in New Jersey is N.J.S.A. 2C:29, which in pertinent part states that:

• 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 persons 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 persons drivers license, or privilege to operate a vessel, whichever is appropriate, for a period of not less than six months or more than two years.

The key elements from the above statute are as follows:

Third Degree Eluding in NJ:

• The defendant operated a motor vehicle or vessel;
• While operating the said vehicle or vessel, the defendant knowingly fled or attempted to fled law enforcement; &
• Law enforcement was ordering the vehicle to come to a complete stop.

  Second Degree Eluding in NJ:

• In addition to the above three elements, the state must also prove that the eluding or attempting to elude law enforcement by the defendant “created a risk of death or injury to any person”.

Lodi NJ Eluding Attorneys

Grading of the Offense & Applicable Penalties if Convicted:

A second degree crime in New Jersey carries with it a presumption of incarceration and that period can range from anywhere between five – ten years in a New Jersey State Prison. Conversely, a third degree crime in New Jersey carries with it a non-presumption of incarceration. However, if that presumption is overcome, a defendant may face up to five years in a New Jersey State Prison. In addition, depending on the underline facts, the defendant may be eligible for a diversionary program known as Pre-Trial Intervention. If the defendant is able to enter the pre-trial intervention program they will be afforded the opportunity to walk away from their current eluding charges without a conviction (no criminal record).

Fort Lee NJ Eluding Defense Lawyers

The applicable penalties for an individual convicted of either a second or third degree felony eluding can be devastating on not only your life but on your loved ones as well. The staff at the Law Offices of Marshall, Bonus, Proetta & Oliver is comprised of seven criminal defense trial attorneys, making us one of the biggest criminal defense firms in the state.  Further, we have over 100 years of combined experience on staff, including over twenty years of prosecuting experience. If you have any further questions with regards to the offense of eluding, please contact any one of our Bergen County Offices for a free initial consultation.