Contact Our Jersey City Office Directly Across From The Courthouse To Speak To One Of Our Highly Skilled Former Prosecutors About Your Eluding Charge In Hudson County
Eluding is one of the more common criminal charges encountered in Jersey City at the Hudson County Superior Court. The offense is either a second degree or third degree crime that can result in as many as 10 years in state prison. Investing the time to identify the best Hudson County eluding lawyers to defend you is therefore extremely important in protecting your future.
The New Jersey law governing the offense of eluding is N.J.S.A. 2C:29-2b. This statute does not take much to be triggered with split second panic to avoid detection of drugs, weapon or some other item in a car, truck or motorcycle having the ability to result in someone being arrested. An attorney who is highly accomplished in defending Hudson County eluding charges can help ensure that you avoid the negative consequences of a conviction if you find yourself charged with this offense.
The New Jersey eluding defense attorneys at the Law Office of Jonathan F. Marshall have the qualifications to translate in success in defending your charge. We are the largest criminal defense firm in Hudson County, our team has over 150 years of combined experience and includes lawyers who have served as prosecutors at the highest levels, including as the Director of Major Crimes, Homicide and the entire Trial Division. If you were stopped in Hoboken, West New York, Union City, Jersey City, Bayonne and North Bergen and subsequently issued a complaint for eluding that is now pending in Hudson County, contact our office for a free consultation by calling (201) 309-1800.
Hudson County NJ Eluding Lawyers: Can I be convicted of Eluding?
As stated above, the governing statute in New Jersey for eluding is N.J.S.A. 2C:29b, which 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.
If you were charged with third degree eluding, the Hudson County Prosecutor’s Office will have to prove, beyond a reasonable doubt, that you were operating a motor vehicle and knowingly fled a police officer after receiving a signal to stop. A second degree eluding charge has the added element that, during the course of fleeing, your creating a risk of death or injury to another person. There is an inference that this added risk was created if the state can prove that you violated the motor vehicle code while fleeing.
There are two presumptions that apply under 2C:29-2b when someone is charged with eluding in Jersey City or elsewhere in New Jersey. First, there is a rebuttable presumption that the registered owner of a motor vehicle was the operator of an eluding vehicle. The second presumption is that the operation involved a risk of death or serious injury (i.e. second degree eluding) where the operator violates the motor vehicle code.
What are the penalties for eluding in New Jersey?
The offense of eluding can result in either a second or third degree crime. The degree of eluding that a defendant will be charged with will depend directly on the facts of the case, namely, whether their conduct created a risk of serious injury or death to others. A second degree eluding carries penalties that include five (5) to ten (10) years in prison and fined up to $150,000. A defendant convicted of a third degree eluding is exposed to a sentence of up to five (5) years in a state prison and a fine of up to $15,000. In addition, to the aforementioned penalties, anyone convicted of eluding will also have their drivers license suspend for period of at least six months but not more than one year.
One important distinction between a second and third degree felony in New Jersey, is that someone convicted of a third degree crime is afforded a presumption against incarceration. Conversely, an individual convicted of a second degree crime is exposed to a presumption of incarceration, which means there is an extremely high probability that you will be sent to prison/jail as part of your sentencing. You should also know that someone charged with third degree eluding is eligible for a diversionary program known as Pre Trial Intervention (“PTI”) whereas someone facing a second degree is not. If the defendant is able to enter the PTI program they will be given the opportunity to walk away from their current felony eluding charges without a conviction and resulting criminal record.
Eluding Defense Lawyers in Jersey City, New Jersey
The consequences of an eluding conviction at the county courthouse in Jersey City can be life changing. Therefore, it is imperative that you speak to an experienced Hudson County, New Jersey eluding defense attorney immediately. Lawyers who are highly skilled in litigating eluding charges, particularly those in Jersey City, are going to provide you with the greatest chance of escaping the ramifications of a 2C:29-2 offense. The team of Jersey City eluding attorneys at our firm, the Law Office of Jonathan F. Marshall, have over a century of experience defending charges arising throughout Hudson County, including Hoboken, Weehawken, Union City, Secaucus, Bayonne and elsewhere in the local area. If you would like a free initial consultation with one of our ten (10) criminal defense attorneys, call our Jersey City Office at (201) 309-1800 for a free initial consultation.
