If you were arrested for eluding in Belleville, Livingston, West Orange, Bloomfield, Montclair, South Orange, Newark or anywhere else in Essex Count, there is a real possibility that you will have to serve a state prison sentence if you are found guilty, especially if you have been charged with the second degree variety of this offense. Give yourself the best chance of avoiding a negative outcome before it is too late by obtaining representation by an experienced defense attorney. Call our former prosecutors now at 973-710-1520 for a free consultation.
Bloomfield NJ Eluding Defense Lawyers
Individuals charged with eluding often underestimate the severity of this charge. The truth is, however, that an eluding charge under N.J.S. 2C:29-2 can be a very serious matter and not just because it is always a felony criminal offense. Irrespective of whether you have been charged with third degree eluding or second degree eluding, the penalties under 2C:29-2 include a term of imprisonment. But eluding is one of those offenses that is highly susceptible to being unfairly inflated, particularly in the case of filing cases as a second degree crime when it really shouldn’t be the case. And even when the charge is proper because the accused was genuinely trying to elude the police, there is significant opportunity for an experienced defense lawyer to help a defendant. The right attorney can often translate into whether someone goes to jail or doesn’t in our experience. We welcome your taking a close look at the credentials of our team of former prosecutors and to give us a call for assistance.
Eluding Attorneys in Essex County NJ
If you eluded the police, you can be charged under N.J.S. 2C:29-2. This statute makes it illegal for an individual to knowingly flee or attempt to elude a police officer after receiving a signal to stop his or her vehicle. A violation of this law is typically a third degree crime except that it is enhanced to a second degree crime if the effort to elude created a risk of death or injury to others. With respect to either grade of the offense, the conduct of the accused must be knowing in order for a violation of the eluding law to occur. What this means is that the defendant must have knowledge that the officer signaled for a stop and, notwithstanding this knowledge, the accused fled or eluded. There are three (3) approaches which prosecutors generally take in order to establish “risk of death or injury” in order to enhance an eluding to a second degree. The first and easiest way of establishing this elements is where the accused actually causes bodily injury while fleeing. This facts also establishes an aggravated assault. Second, the state may use the existence of other drivers or pedestrians to manifest that there was a risk to others (e.g. emergency action had to be take by others to avoid an impact). The third strategy for proving the requisite risk for a second degree is the permissive inference set forth under the N.J.S. 2C:29-2; namely, that the defendant committed one or more motor vehicle violations while eluding.
What Penalties Will I Face If I Eluded The Police in NJ?
No one wants to go to jail, pay thousands in fines, or have their license suspended, nor should you. Our lawyers will make certain that you have the best opportunity to live your life free of the consequences of an eluding conviction and are successful more of the time than you would imagine. Nonetheless, you probably should know what you are up against to understand the benefit that an experienced attorney can provide. If you are convicted of a third degree eluding, you are subject to a period of incarceration of up to five years and fine as high as $15,000. You also face a mandatory suspension of your drivers license for eluding in the third degree and the period is for six months to two years. A second degree eluding carries a presumption of incarceration for 5-10 years and a maximum fine of $150,000. If you are convicted of attempting to elude in the second degree, you face the same license revocation previously set forth for a third degree.
Eluding Lawyers in Belleville NJ
If you have any questions or would like to discuss representation, don’t hesitate to contact our Newark Office at 973-710-1520. The team of Newark criminal defense lawyers on staff at the Law Offices of Marshall, Bonus, Proetta & Oliver have the experience and skill set need to successfully defend your interests. If you have been charged with a criminal offense like eluding, burglary, DWI, robbery, carjacking or heroin possession in Essex County, we can help. Our team of lawyers have extensive experience representing clients charged with criminal offenses in local Municipal Courts throughout Essex County, including towns like Milburn, Maplewood, East Orange, Bloomfield, Nutley, Livingston and Montclair.