New Jersey Criminal Defense Lawyers
Former Prosecutor in New Jersey
An eluding charge in New Jersey is a serious criminal offense. Under the eluding statute, N.J.S.A. 2C:29-2, a person is guilty of eluding if, while operating a motor vehicle, they knowingly attempt to flee or elude a law enforcement officer after having received a signal from the officer to bring the vehicle to a stop. This is a third-degree offense. However, the charge can become a second-degree offense if the attempt to flee or elude creates a risk of death or serious injury to another person. A criminal conviction for eluding can include jail time and a drivers license suspension of six months to two years. If you have a criminal complaint charging you with eluding, our law firm offers an aggressive defense team that appears statewide, including Ocean County, Union County, Monmouth County, Middlesex County, Somerset County, Essex County, Hudson County, and Morris County. A lawyer from our law office is prepared to answer any questions you may have and initial consultations are always without charge.
Representation on Second-Degree & Third-Degree Eluding
Statewide Defense Practice
The distinction between a third-degree eluding indictment and a second-degree eluding indictment is a significant one. In this regard, a third-degree eluding offense in New Jersey does not carry a presumption of incarceration whereas a second-degree eluding offense carries a presumption of incarceration. It is therefore imperative that individuals indicted for eluding retain a knowledgeable criminal defense attorney who has experience in defending eluding charges in New Jersey.
The following is a New Jersey case law which we have provided as assistance in understanding eluding in New Jersey. In State v. Bunch, the New Jersey Supreme Court held that a defendant who uses a motor vehicle to escape, avoid or evade apprehension and, in doing so, creates a risk of death or injury to himself or others, is guilty of second-degree eluding. In State v. Mendez, the court held that eluding a law enforcement officer by motor vehicle consists simply of fleeing by motor vehicle from a person who the perpetrator knows to be a law enforcement officer.
Contact the Law Offices of Jonathan F. Marshall for a free initial consultation if you have been charged, received a criminal complaint, or have been indicted for eluding or eluded police in New Jersey, including Ocean County, Union County, Monmouth County, Middlesex County, Somerset County, Essex County, Hudson County, and Morris County. Our criminal defense firm handles criminal charges throughout New Jersey. Jonathan Marshall, a former prosecutor in New Jersey, handles eluding charges for criminal clients and is available immediately to handle your legal matters. Eluding law enforcement and/or police is a serious charge and should be handled by an experienced criminal defense lawyer from the Law Offices of Jonathan F. Marshall.