Contact Our Mays Landing Office For A Free Consultation About Your Eluding Arrest in Atlantic City, Egg Harbor Township, Galloway, Hamilton, Pleasantville or Another Atlantic County Municipality
Our attorneys know just how complicated things can get when a motorist is charged with eluding after allegedly failing to pull over for the police in Atlantic County or somewhere in New Jersey. The situation invariably results in someone being arrested for a third-degree crime or even second-degree crime for eluding. If you are facing an eluding offense because you failed to stop your car on Route 9, the Atlantic City Expressway, the Garden State Parkway or another roadway in Atlantic County, there is a real possibility of you being sentenced to years in state prison. This is a primary reason why you should take the time to identify the very best defense lawyer to represent you at the Atlantic County Superior Court in Mays Landing.
Our firm, the Law Offices of Jonathan F. Marshall, can offer you unique qualifications to ensure that you have every opportunity to avert a conviction under N.J.S.A. 2C:29-2b. Whether your charge arose in Galloway, Egg Harbor Township, Atlantic City, Hamilton, Pleasantville or somewhere else in Atlantic County, we have an attorney that can help you. We are a team of 10 criminal lawyers, most of whom are former prosecutors, who have handled hundreds of eluding cases over our 150 plus years in practice. Our local office in Mays Landing also happens to be right down the street from the courthouse where your eluding charge will be heard. Call (609) 616-0020 for a free consultation from a highly knowledgeable eluding lawyer.
Atlantic County Eluding Charge Under N.J.S.A. 2C:29-2: What You Need To Know
The law that applies to every eluding offense issued in the state is N.J.S.A. 2C:29-2b. This statute provides, in pertinent part, that:
2C:29-2. Resisting arrest, eluding officer
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.
Proving An Eluding Offense. There are four elements that must be established, beyond reasonable doubt, to prove an offense for eluding in accordance with 2C:29-2b. The Atlantic County Prosecutor’s Office must prove that you: (1) were the operator of a motor vehicle; (2) on a roadway or highway; (3) received a summons to stop your vehicle; and (4) knowingly failed to stop for the police officer.
Third Degree Crime For Eluding. Eluding is a third-degree crime provided the circumstances required for a second degree are not present. Third-degree eluding results in three (3) to five (5) years in a New Jersey State Prison and a fine of up to $15,000.00. In addition, the defendant upon conviction would also have their license suspended for a period of between six (6) and twenty-four (24) months.
Second Degree Crime for Eluding. There is a fifth element that must be proven when a conviction is sought to second degree eluding; the state must establish that, during flight from the police, a risk of death or physical injury was created by the accused. Unfortunately, this element is often easy to demonstrate since 2C:29-2b creates an inference that this fifth element exists where the defendant violates a traffic law while eluding, for example, is speeding, driving recklessly/carelessly, engages in an unsafe lane change or fails to yield to a traffic control device. Eluding in the second degree carries 5-10 years in prison and a fine of up to $150,000.
Mays Landing Eluding Attorneys
Eluding is clearly a serious criminal offense whether the charge is a third or second-degree offense. The eluding attorneys at the Law Offices of Jonathan F. Marshall are uncompromising when it comes to the defense of our clients and do not stop until the very best outcome is achieved. Our team of 10 criminal lawyers has know-how in defending clients charged with eluding that was obtained over 150 years collectively. If you would like the opportunity to speak to an attorney on staff, contact our Mays Landing Office at (609) 616-0020 for a free consultation. A lawyer is available to take your call now.