If you have been charged with eluding police in Jackson, NJ, contact the Ocean County criminal defense lawyers at Proetta & Oliver for a free consultation. Call (848) 238-2100 today.
Eluding a police officer is a very common charge in Ocean County, as there are major roadways throughout the area traveled by residents and visitors at all hours of the day and night. Last Thursday night, a young man in Jackson Township, New Jersey was killed on his motorcycle after hitting another vehicle while apparently trying to flee from a police officer. The police officer witnessed the young man run a red light and proceeded to turn on his lights to pull the motorcyclist over. However, after the officer turned on his lights, the young motorcyclist accelerated to a high rate of speed and crashed into a vehicle seconds later. The motorcyclist was pronounced dead at the scene and the driver of the vehicle he hit, another young man, is being treated for serious injuries. This tragic incident highlights the dangers of fleeing from police, which cannot only be dangerous and deadly, but is also illegal and can lead to charges under NJSA 2C:29-2b.
In New Jersey, there are three subcategories to the charge of resisting arrest governed by section 2C:29-2b of the New Jersey Criminal Statutes: resisting arrest without flight, resisting arrest with flight, and eluding.
You can be charged with resisting arrest in New Jersey if you purposely prevent or attempt to prevent a police officer from arresting you. Under those basic circumstances, resisting arrest will typically be charged as a disorderly persons offense, which is like a misdemeanor in other states. The penalties for this offense include up to 6 months of imprisonment and up to $1,000 in fines. However, if you try to resist arrest by fleeing in some way, you can be charged with a fourth degree indictable crime, similar to a felony, and face up to 18 months of imprisonment and up to a $10,000 fine. The charges can be raised to a third degree offense if use or threaten to use force against the police in order to resist arrest. The penalties for third degree resisting arrest include 3-5 years of imprisonment and up to $15,000 in fines.
The fact that an arrest was unlawful is not a defense to resisting arrest, as long as the officer announced their intention to arrest you before you resisted and the officer was acting under the color of their official authority.
Eluding is charged when a motorist knowingly attempts to flee from or elude police after the police have signaled to the motorist to pull over. Eluding is usually a third degree offense, carrying penalties of 3-5 years of imprisonment and fines of up to $15,000. However, eluding may be charged as a second degree crime if the attempt to elude creates the risk of death or serious injury to another person, including the officer. So, if an individual causes an officer to have to pursue them at a dangerously high speed, thereby endangering the life of the officer, that individual may be charged with second degree eluding.
Eluding Defense Lawyers in Jackson, NJ
The penalties for resisting arrest and eluding in New Jersey are serious. If you have been charged with either of these crimes in Ocean County, New Jersey, contact the experienced criminal defense lawyers at Proetta & Oliver right away to review your case and determine what defenses may be available to you. We provide consultations free of charge, so take the opportunity to speak with a knowledgeable eluding defense attorney by calling (848) 238-2100 or filling out our online form.